Good News for High-tech Start Ups, Medical Innovation Companies, Diamond Dealers, Restaurateurs, and Many Other Small Business Owners
Beginning May 1, 2019, Israeli nationals will be eligible for E-2 Visas. This will open new possibilities for Israelis wishing to create start-ups or open subsidiaries in the U.S.
The visa is available to foreign nationals who come to the U.S. for business purposes to develop and direct the enterprise in which they have invested or an enterprise in which they are in the process of investing. It is available to the nationals of countries with which the U.S. has a treaty of commerce and navigation. Israelis had been eligible for E-1 (trader) status based on such a treaty, and now are eligible for E-2 status as investors.
E-2 visas are offered to qualified individual investor applicants with Israeli citizenship, as well as to Israeli citizens who work for Israeli companies that apply for and are granted E-2 visa registration benefits. To qualify for an E-2 visa, an individual must be a national of a treaty country, invest a “substantial” amount of capital, and have at least 50% ownership interest in the enterprise or have operational control. The U.S. business must be a real and operating commercial enterprise, not just a corporate stock book on an attorney’s shelf.
Spouses and unmarried children under 21 years of age of treaty investors and employees may also seek E-2 classification as dependents. Further good news here is that these dependents can receive work authorization.
Change of immigration status to E-2 is available to Israeli investors presently temporarily residing in the United States under some other visa category.
The U.S. Embassy in Israel has directed Israelis who wish to apply for E-2 visas to submit all application materials by mail to the Embassy’s Branch Office in Tel Aviv.
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