How Investors from Non-Treaty Nations Can Access E-2 Visa Through Grenada

Key Takeaways

• Grenada offers a Citizenship by Investment program enabling non-treaty nationals to qualify for the U.S. E-2 visa.
• AMIGOS Act requires three-year residency in Grenada for CBI citizens before E-2 visa application eligibility.
• Grenadian CBI costs $200,000 donation or $350,000 real estate investment with $50,000 government fee.

The E-2 visa allows foreign investors to live and work in the United States by making a significant investment in a U.S.-based business. However, access to this visa is restricted to citizens of countries that have an E-2 treaty with the U.S. For individuals from countries such as China 🇨🇳 and India 🇮🇳—which are not treaty countries—this restriction presents a challenge. One way to overcome it is through obtaining citizenship by investment (CBI) in a treaty country, such as Grenada 🇬🇩. Below, we will explore how this route works, including recent legislative changes, the requirements involved, and key considerations for investors.

Why Grenada? The Unique Advantage

How Investors from Non-Treaty Nations Can Access E-2 Visa Through Grenada

Grenada 🇬🇩 stands out because it offers both a CBI program and holds an E-2 treaty with the U.S. As of 2023, it remains the only country that provides this dual benefit. The Grenadian CBI program lets individuals acquire citizenship through one of the following:

A $200,000 non-refundable donation to the Grenadian government.
A $350,000 investment in an approved real estate or investment project, along with a $50,000 government donation.

Once Grenadian citizenship is acquired through one of these options, individuals from non-treaty countries become eligible to apply for the E-2 visa.

E-2 Visa Requirements

Regardless of nationality, all E-2 visa applicants must meet several specific conditions. Here’s a breakdown of these requirements:

Treaty Country Nationality: Applicants must be citizens of a treaty country. This is why Grenadian citizenship can help non-treaty country nationals gain eligibility.
Substantial Investment: There’s no fixed minimum investment, but the amount must be significant enough to make the U.S. business operational. The investment should cover the costs of establishing and managing the enterprise.
Control Over the Business: Investors must show active management of the business. Usually, this means owning at least 50% of the business and being involved in its daily operations.
Real Business Operations: The business should be genuine and produce goods or services for profit. Passive investments, such as stocks or bonds, do not qualify.
Economic Impact: The enterprise must not solely provide for the investor and their family—it needs to contribute economically, such as by creating jobs.
Funds at Risk: The money invested must be the applicant’s own and cannot be guaranteed to return, showing a genuine risk.

Recent AMIGOS Act Changes

The AMIGOS Act, introduced in December 2022, has added a key requirement for individuals who acquire citizenship in a treaty country through a CBI program. Under the new rules, applicants must reside in the treaty country (e.g., Grenada) for at least three years before applying for the E-2 visa. This additional residency requirement significantly alters the timeline for prospective investors, making advance planning more critical than ever.

Steps for Non-Treaty Investors

Here’s a typical process for a non-treaty citizen, such as someone from India 🇮🇳 or China 🇨🇳, to pursue the E-2 visa:

Apply for Grenadian Citizenship by Investment:
- Choose between the donation ($200,000) or real estate investment route ($350,000 plus a $50,000 donation).
- The application process usually takes several months.
Reside in Grenada for Three Years:
- Meet the AMIGOS Act’s three-year residency requirement in the country of citizenship.
Develop a U.S. Business Plan:
- During the residency period, investors can prepare a detailed business plan for their U.S.-based venture.
Apply for the E-2 Visa:
- Submit an application proving that the business meets E-2 requirements, including its economic viability and the amount of investment.

Challenges and Solutions

This pathway comes with unique challenges. Careful preparation and professional guidance can help investors manage these issues:

Extended Timeline: The three-year residency requirement delays the process. Investors should use this time to plan their U.S. business thoroughly.
Costs: Securing Grenadian citizenship and making a substantial U.S. business investment can result in considerable financial outlay. This process may require $200,000 to $350,000 for citizenship, as well as additional costs for the U.S. venture.
Legal and Tax Aspects: Individuals must confirm whether their home country allows dual citizenship and should evaluate the tax implications of obtaining a second nationality.
E-2 Visa Limitations: The E-2 visa doesn’t grant permanent residency or citizenship in the U.S., so investors seeking a green card will need to consider additional strategies.

Benefits of Accessing the E-2 Visa Route

Despite the challenges, the E-2 visa delivers significant benefits for qualified investors:

Temporary Yet Renewable: The visa is initially issued for up to two years and can be renewed indefinitely as long as the business remains active and compliant.
Family Inclusion: Dependents, such as spouses and unmarried children under 21, can join the principal visa holder in the U.S.
Work Opportunities: While the principal investor works on their business, spouses are eligible to apply for work authorization in the U.S.
Flexibility: Unlike certain visas, the E-2 doesn’t have a mandatory minimum stay in the U.S. each year, offering flexibility to the investor.

Emerging Trends in E-2 Visa Policy

The AMIGOS Act reflects growing U.S. government scrutiny of citizenship by investment programs. Its residency requirement aligns with wider concerns about ensuring genuine ties to treaty countries before granting E-2 visa eligibility. Meanwhile, global discussions about the sustainability and security of CBI programs might shape future access and regulations.

On the other hand, U.S. immigration policies remain dynamic. E-2 visa applicants and treaty countries should monitor any potential changes that could impact treaty agreements or visa rules.

Final Thoughts

Although obtaining the E-2 visa through Grenadian citizenship is a longer and more expensive process due to the AMIGOS Act, it remains a viable option for investors from non-treaty countries, such as those in China 🇨🇳 or India 🇮🇳. Careful planning is essential to navigate the timeline, costs, and legal complexities involved.

Getting professional advice—from immigration lawyers to financial planners—is key to avoiding pitfalls in this process. Trusted platforms like VisaVerge.com offer insights into the E-2 visa process and changes in related policies.

For more information on the E-2 program, official resources such as the U.S. Department of State’s E-2 Treaty Countries List provide authoritative details on eligible nations and visa requirements.

While this pathway demands patience and significant investment, its rewards—a presence in the U.S. market and the ability to manage business operations firsthand—can be substantial. Investors must weigh these benefits against the time and financial commitments required to determine if this route aligns with their goals. Through strategic planning, the E-2 visa opens valuable opportunities for international entrepreneurs aiming to tap into the U.S. economy.

Learn Today

E-2 Visa → A non-immigrant U.S. visa allowing foreign investors to live and manage a business in the U.S.
Citizenship by Investment (CBI) → A program enabling individuals to obtain citizenship in a country through substantial financial investment.
Treaty Country → A nation with an agreement allowing its citizens to apply for the U.S. E-2 visa.
Substantial Investment → A significant amount of money required to establish and operate a U.S. business under the E-2 visa.
AMIGOS Act → A U.S. law requiring CBI applicants to reside in their treaty country for three years before E-2 eligibility.

This Article in a Nutshell

The E-2 visa offers foreign investors a chance to live and work in the U.S., but non-treaty country nationals face barriers. Grenada’s Citizenship by Investment program solves this, enabling eligibility. Recent AMIGOS Act changes require three years of Grenadian residency, making strategic planning essential. Unlock U.S. opportunities through careful investment today!
— By VisaVerge.com