Your Immigration Attorney’s Tips & Info on Getting an E-2 Visa

So, you have decided the E2 Treaty Trader Visa is the right US visa for you. This is all great and you are probably all eager to get going but, where do you start and which business is right for you? An immigration attorney might be able to help you gain easier access to a work visa for investments in the US. Below are a few things you should consider:

What is an E-2?

In the United States, foreign investors may be able to start a business for an investment that starts off as little as 50,000 USD, depending on the type of business and the capital needed to start it. That is the easy part, as any immigration attorney will explain the hardest part is meeting all legal requirements for obtaining the visa. Also, be warned about the fact that, if you are approved but the company you are investing in does not succeed, you, as an owner can lose the visa and right to reside on US soil for good.

The E-2 Treaty Investor Visa is generally applicable to a national of a country that is under a commerce regulation treaty with US authorities. The national may be coming to the US to direct investments towards a cooperation with an existing local company or to invest capital into a new business. The most positive aspect is the fact that almost any legal activity qualifies for purposes of E-2 Visa classification.

What are the E-2 requirements?

According to the law:

1)      Your investment needs to be substantial

2)      You have to be a citizen of a Treaty Country

3)      You will have to come to the US to direct the new business or entreprise

The law does not set a specific amount for the investment, and the determination is made on a case-by-case basis. You should know that such a visa may be granted even with a relatively small investment, if you and your immigration attorney can prove that the business is a viable one, and will not become a marginal initiative. The minimum amount for qualifying actually depends on the nature of the business and the qualifications you provide, as an investor.

Other things to consider:

–          This is a non-immigrant Visa. It is generally granted for an initial period of admission of 5 years (it can be lower, down to 24 months, in case you have obtained a change of status as a legal immigrant In the US). There is no limit to the number of extensions an E-2 may be granted, as long as the business is active and did not become a marginal enterprise.

–          You have no possibility of stepping on a path to full citizenship, unless you grow your business to the qualification status of EB-5.

In most cases, an immigration attorney will be able to help you get what you need to obtain an E-2. Seek a specialized lawyer, who can provide a flawless track record in what regards visa and immigration cases.


How to Get the E2 Investor Visa with Help from an Immigration Lawyer

Are you considering starting a business in the United States? Make sure to gather all of the necessary information before proceeding. Getting a much-coveted investor visa is by no means an easy task.

If you come from one of the treaty nations, you will need to apply for an E2 investor visa.

Here is what you should know about the E2 investor visa.

Who can qualify?

In order to qualify for such a visa, you need to make a substantial investment, which will contribute to the economy of the United States. Ways to do so include investing in an existing business, purchasing a business already operating, or starting a business in the U.S.A. that will create at least ten jobs.

A substantial investment generally means at least $300,000. On occasion, smaller amounts may be allowed if the investor is considered to make a worthwhile contribution to the U.S. economy.

Generally the funds in the individual’s personal account or business are not sufficient to qualify for an E2 Visa. Bear in mind, a promissory note cannot be considered for investment capital unless the investor demonstrates the note to be secured by his/her assets.

Whichever investment path you choose, you will have to work your way through a fair amount of paperwork, which may be quite daunting at times. Therefore, it may be a good idea to turn to an immigration lawyer for assistance.

Why consult an immigration lawyer?

An experienced immigration attorney can assess the strength of your application and help you through the process, indicating which steps you should take to qualify for the visa.   Furthermore, an immigration attorney can make your life easier, helping you sift through the paperwork and determine what you need to submit and what you don’t.

If you plan to start a new business, you should submit evidence of the investment fund transfer and a document that certifies your capital was obtained in a lawful manner.

Any responsible entrepreneur keen to increase the success rate of his application should consult an immigration lawyer before starting the paperwork.

An immigration attorney may also provide assistance in coaching you for the interview at the embassy, one of the many steps that need to be completed in the process of getting a visa. Generally, you can expect to wait 30 to 90 days before getting a response. Therefore, it is wiser to make travel arrangements after you got the visa instead of before you apply. Most of the time, the State Department processes the application within 30 days, but on occasion it may take longer.

Once approved, the E2 visa needs to be renewed every year. This type of visa does not require that you remain in the U.S., but allows you the option of returning to your home country anytime or traveling back and forth. This will come in handy if your family decides not to come with you to the United States. On the other hand, if your family (spouse and dependent children) wants to accompany you, they too can get E2 visas.