Will E-2 Visa Processing Change? Insights on Investment Requirements

The E-2 visa remains a popular choice for foreign investors seeking to operate a business in the United States. While the approval rate has historically stayed high—around 80%—there have been discussions about changes to the way E-2 visas are processed, particularly during the Trump Administration. One possible area of focus is the location of investments made by E-2 visa applicants.

The E-2 visa regulations allow for flexibility in where investments are made. For instance, an investor may purchase inventory from a foreign country and ship it to the United States, and that cost can still count toward the required E-2 investment amount.

The first Trump Administration emphasized the “Buy American, Hire American” initiative, which focused on promoting domestic investments and hiring U.S. workers. This policy direction could lead to the following changes for E2 visa applicants in Trump’s second term:

1. Emphasis on U.S.-Based Investments:
   • Future regulations or policy interpretations might require a higher proportion of the E2 investment to be directly spent within the U.S. economy, such as purchasing equipment, leasing office space, or hiring U.S.-based service providers.
   • Investments in foreign-sourced inventory or services might face stricter scrutiny.
2. Stronger Focus on Job Creation:
   • There could be increased emphasis on demonstrating how the business will contribute to the U.S. economy, particularly through hiring American workers.
3. Documentation Requirements:
   • Applicants may need to provide detailed records showing how and where funds were spent, with greater weight given to expenditures benefiting the U.S. economy.

If you’re planning to apply for an E2 visa, here are steps to strengthen your application:

• Prioritize U.S. Investments: Allocate as much of your investment as possible to U.S.-based purchases, services, and infrastructure.
• Demonstrate Economic Impact: Emphasize how your business will create jobs and stimulate local economic growth.
• Maintain Thorough Records: Keep detailed documentation of all investments, including receipts, contracts, and proof of payment, to show compliance with potential changes.

While the regulations currently allow for flexibility in investment location, potential shifts in policy may require a greater focus on U.S.-based spending. Working with an experienced immigration attorney can help you navigate these changes and build a strong E2 visa application. Scott Legal, P.C. is here to assist with your immigration journey.