E-2 Visa: Spain to U.S.A.

E-2 Visa: Spain to U.S.A.


Spanish nationals can enter the U.S. using nonimmigrant E-2 visas. This kind of visa allows them to live and do business in the U.S. Spanish nationals can participate in the E-2 visa program because their country maintains international trade agreements with the U.S. Spain investors benefit directly from the program because they are allowed to relocate with their families to the United States. The U.S. benefits because the projects that are established by Spain investors create jobs for U.S. citizens.

You Need To Own a Company

Many Spanish E-2 applicants make a mistake by proceeding with their visa petition without an active business in place.

The consulate office in Spain does not dictate the kinds of businesses that can be founded by E-2 petitioners. A Spanish applicant can own a business in the U.S. by acquiring it. To acquire an E-2 eligible enterprise, you must purchase at least 50% ownership of the business.

If a Spanish investor is interested in creating a startup company, they do not have to wait until the business is completely rolled out. In fact they should get an attorney to assist in preparing By doing so, they can attach the lease agreement documents in their petition to prove that funds are being directed towards the start of the business enterprise.

The consulate office in Spain states that all E-2 applicants must be willing to remain as active participants in their enterprises in the U.S. So they can not look for work at other companies. In fact the investor is regarded as an employee of themselves.

The Spanish Petitioner Has To File An Application and Pay Visa Charges

E-2 visas are issued by the consulate office in Spain because one can only apply for this kind of visa from your home country.

You need to obtain a passport from the Spanish authorities because you can not leave or enter another country without it. Moreover, the consulate office in Spain grants E-2 visas to applicants by stamping their passports.

Spain candidates should complete form Ds-160 and sign it. The consulate office makes it possible for all applicants in the country to access the form by placing it in their website where it can be downloaded and printed.

There is a E-2 visa application fee that must be paid by every Spanish applicant. You should also be aware that the application fee is non-refundable.

Idle Businesses Are Not Allowed

Every Spanish who wishes to invest in the U.S. should ensure that their preferred enterprise can create considerable profits. This is because Spanish investors are required to establish businesses that are sustainable and contribute towards the growth of the U.S.’s economy.

The profits earned by a Spanish investor are typically measured by comparing the data in the financial records and the size of the company in U.S. However, if the enterprise is a startup, the owner has to provide cash flow estimations so that their project can be tested for projected profitability.

Contracts should be generated that ensure the investment monies are held in escrow. The purchase of the business can’t be completed until the E-2 visa is granted.

Substantiality of The Business Investment Has To Be Met

The business set up by an Spanish E-2 investor must be profitable, otherwise your renewal request will be denied. In fact, you should submit all financial statements from the business including tax returns to validate that the business is indeed a profitable venture.

The Source of Funds Has To Be Explained By The Spanish Investor

Since E-2 projects involve a large investment of money, every Spanish investor has to declare the source of their investment funds. The consulate officers require all E-2 investors to fund their projects using legal finding. You cannot proceed with the investment if you can not account for the source of your funding.

Money can be obtained from friends and family members in form of gifts. You are also allowed to dispose any of your assets that are situated in Spain to get the necessary funding. But you have to produce the transfer documents and receipts that may have been issued following the sale of your properties and assets.

If a Spanish investor has been engaged in any form of employment, they must produce their pay slips or income statements. You can also apply for a bank loan to finance your E-2 business project. However, you should use your other assets in Spain as collateral because you can’t secure any loan with the E-2 business.


Hire an Immigration Lawyer

Most applicants opt to file their visa applications with the assistance of an attorney. But if you are to be represented by an attorney, you need to present form G-28 which allows your attorney to participate in the application procedures on your behalf. You must provide all their contact details including their email address, phone number and address on the form.

2 Americans Must Be Hired

A Spain E-2 Visa holder is required to create job opportunities for at least 2 U.S. nationals in the business. The size of your business does not matter because this requirement is compulsory for all E-2 investors. Furthermore, these two employees have to be hired on a full-time basis.

The hiring process should be carried out within the first two years if the company is a startup enterprise. If the company already exists prior to filing the petition, there has to be at least two American employees and if they are not present they have to be hired as soon as possible.

The Family of the Spanish Investor Can Come Along As Well

When a Spanish investor succeeds in getting the E-2 visa, they are allowed to come with their spouse and children. The only issues that can separate the principle investor from their family are the status of the marriage and the age of the children.

The spouse has to be legally bound to the Spanish investor. If the marriage between the couple is not legally recognized, the spouse has to remain behind. The children of the Spanish investor have to be aged below 21 years or they will not be able to move to the U.S. On the other hand, the same children will have to apply for different visas when they turn 21 years of age. This is because they are now seen as adults in the eyes of the law, and must qualify for their own independent visas.