Avoiding E-2 Visa application mistakes is easy when you work with a team of skilled and experienced Immigration Lawyers who understand the application process and can help you navigate it smoothly and prevent issues from arising. Unfortunately, many people learn the hard way that obtaining an E-2 Visa without legal help can be incredibly challenging, even if you meet all the requirements. Why? Because even if you meet every single one of the E-2 Visa requirements, you still have to prove that you do. Meeting the requirements but not being able to convincingly show that you do is the same as not meeting them. Therefore, if you qualify for an E-2 Visa, you need to work with experts who can help you prove that you do and avoid mistakes that could jeopardize your chances of approval.
The Most Common E-2 Visa Application Mistakes and How to Avoid Them
- Not investing enough capital
To qualify for an E-2 Visa, you must invest a substantial amount of capital in a U.S. business. However, there is no fixed amount that qualifies as substantial. The amount you invest must be sufficient to ensure your business can begin to operate. To determine how much you need to invest, you need to consider factors such as the type of business you want to start, its size, its location, and its industry, among many others. If your investment is considered to be insufficient, your E-2 Visa will not be approved.
To avoid this, make sure that you determine exactly how much you need to invest with the help of an experienced Business Immigration Lawyer and that the funds come from qualifying sources, such as personal savings, gifts, inheritance, loans secured by your personal assets, or funds from other investors.
- Not having an active role in the business
To obtain an E-2 Visa, you must intend to come to the U.S. to direct and develop your business. This means that you must have an active and essential role in its management. You cannot be a passive investor who merely collects profits or dividends. You must show that you have the skills, experience, and knowledge to run your business successfully.
To avoid this mistake, make sure that you have a clear and detailed business plan that outlines your responsibilities in your business and that you provide evidence of your qualifications. You must demonstrate that you will be involved in the day-to-day decisions and activities of your business.
- Not providing enough documentation
You must provide enough documentation and evidence to prove that you meet all the E-2 Visa requirements. Your application should include documents showing that you are a national of a treaty country, that you have invested or plan to invest a substantial amount of capital in a U.S. business, that you own at least 50% of the business, and that you intend to depart the United States when your visa expires. In addition, you must show that your business is real, legitimate, operational, and not marginal.
When preparing your application, make sure to gather and organize all the necessary documents and evidence. The stronger your application, the better your chances of approval. You may need to provide copies of your passport, bank statements, tax returns, business contracts, financial statements, leases, licenses, permits, and other relevant documents. You must also be ready to answer any questions or requests from the U.S. consular officer who reviews your application. You should consult with an immigration attorney who can help you with the preparation and submission of your application.
We Can Help You Avoid These E-2 Visa Application Mistakes
By avoiding these common E-2 Visa application mistakes, you can increase your chances of getting approved and starting your business in the United States. Fortunately, you do not have to do this alone. In fact, you should not even consider applying for any visa without legal help.
However, you should also not let the E-2 Visa application process intimidate you. Navigating it is easy when you work with experts, like us.
At Jurado & Associates, P.A., we have the expertise and experience to help you with your E-2 Visa application. We will work with you to understand your business goals, gather the necessary information and documents, and create a customized application package that showcases the potential and viability of your business, making sure that it is clear, accurate, complete, and compliant with the E-2 Visa requirements.
We look forward to working with you!