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Hello,

What options are available for an EU national who wants to start a U.S.-based company and relocate there but doesn’t have the capital required for an E-2 visa?

Let’s assume they start a U.S. company while staying in the EU, and the company is generating significant revenue. From what I understand, the E-2 visa requires the investment to come from the entrepreneur’s personal funds. While they could pay out dividends and reinvest them to meet this requirement, this feels like an odd hack (it might also take much longer depending on when the financial year ends). Is there a more straightforward way for EU citizens to move to the U.S., given they have a successful U.S.-based startup? How is this done in practice?




The E-2 requires that the money be from a company or individual of the same nationality as the E-2 applicant; it also can come from the E-2 applicant himself or herself. Revenue generated by the U.S. company doesn't count unless the revenue then were given in the form of profits or dividends to the E-2 applicant and reinvested into the U.S. company. The other option is the E-1 treaty trader visa, which doesn't require any minimum investment but instead requires the existence of substantial trade between the U.S. and the E-2 applicant's country of nationality so this is usually an option for more mature companies. So, the O-1 is probably the better option because it's possible to get an O-1 as a founder (of your own company) and there's no minimum investment or business activity requirement.


Thanks so much for taking your time.


IANAL: The correct approach here would be an O-1 Visa. Assuming your 'significant revenue' has also garnered you some level of public attention.

You also likely need some form of public recognition (awards, press etc).




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