E-2 investors may face unavoidable personal circumstances, including medical illness, that require temporary time away from the business. U.S. immigration regulations do not prohibit such absences. However, the investor must continue to meet each E-2 regulatory requirement during the period of leave.
Each E-2 regulatory requirement is examined below in the context of personal or medical leave, with practical examples to illustrate continued compliance.
Requirement to develop and direct the enterprise
Regulatory standard:
The E-2 investor must develop and direct the U.S. enterprise.
How this applies during medical or personal leave:
Physical presence is not required at all times. The requirement is met if the investor retains ownership and authority over major business decisions.
Scenario:
An investor undergoing medical treatment temporarily steps away from daily operations. A general manager oversees staff and routine activities. The investor continues to approve budgets, contracts, and strategic decisions remotely. The investor remains the decision-maker and does not become a passive owner.
Requirement that the business remain real and active
Regulatory standard:
The enterprise must be a real, active commercial business producing goods or services.
How this applies during medical or personal leave:
The business must continue operating without interruption. Medical leave does not permit a pause in business activity.
Scenario:
While the investor is recovering, the business continues to serve customers, pay expenses, generate revenue, and fulfill contracts. Employees remain on payroll, and operations continue according to plan.
Requirement that the business not be marginal
Regulatory standard:
The business must have the present or future capacity to generate more than minimal income.
How this applies during medical or personal leave:
Temporary absence does not change the financial expectations of the enterprise.
Scenario:
Even during the investor’s absence, the business continues to meet projected revenue targets and employment goals. Financial records show that the enterprise continues to support U.S. workers and economic activity.
Delegation of day-to-day operations
Regulatory standard:
E-2 regulations allow delegation of operational duties, provided the investor retains control.
How this applies during medical or personal leave:
Delegation is appropriate and expected in situations where the investor cannot be physically present.
Scenario:
The investor appoints a trusted operations manager to handle scheduling, staffing, and vendor coordination. The investor remains involved in high-level planning and oversight but does not perform daily tasks during recovery.
Requirement to maintain lawful immigration status
Regulatory standard:
The investor must maintain a valid period of stay and a valid visa for reentry.
How this applies during medical or personal leave:
There is no requirement to notify U.S. Citizenship and Immigration Services (USCIS) of illness or leave. Immigration compliance is maintained through timely filings and valid travel documents.
Scenario:
Before traveling abroad for medical care, the investor confirms that the E-2 visa remains valid for reentry. If needed, the investor renews the visa at a U.S. consulate before returning. No special notice to USCIS is required.
Conclusion
Personal or medical leave does not suspend E-2 requirements. Instead, compliance is maintained by continuing to meet each regulatory standard. As long as the business remains active and non-marginal, the investor retains control and decision-making authority, and immigration status is properly maintained, an E-2 investor may take temporary personal or medical leave without violating E-2 rules.
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