An E-2 visa is a visa classification for foreigners who want to establish and manage a business in the United States. To make sure your application for an E-2 visa is successful, you have to fulfill some requirements:
You have to be the citizen of a treaty country
Treaty countries are countries that the United States has an economic treaty with. Most Western countries are treaty countries. There are also some countries from Africa, Asia and the Middle East. You can get access to the list of treaty countries here.
You need to have invested or be in the process of investing into a business in the US
The investment requirement means that you can either start a new business in the US or you purchase an existing one. The funds you use to make this investment need to be traceable and without blemish. This means they must all be gotten legally. There can be complications where you are unable to provide documents about the source of the funds, especially from countries without proper record or high corruption.
Also, the funds you want to invest in the business have to be at risk. This literally means that you have something to lose if the business does not succeed. Debts backed up by company assets do not qualify under this requirement.
You should also be in the position to start up the business. This essentially means that you are ready to undertake operation at the time of making the application. This means you should have already leased business space, have a business bank account, have a ready website, and you should have purchased other things required to start the business.
You must direct the business and be qualified to do so
This means that when you apply for an E-2 visa, you have to be the one to personally direct the business. You also need to have the required skill and experience needed to make the business viable. So, you can’t say you want to start up an investment bank when you have no financial experience.
The Investment has to be substantial
There is no specific figure used to determine a substantial investment. It could be as little as $50,000 to millions of dollars. However, the funds you have invested need to be viable for the type of business you want to establish. If you have $50,000 for a planned car manufacturing plant, it won’t be regarded as a substantial investment.
The business cannot be marginal
A marginal business is one that brings returns enough to just take care of you and your family. Your proposed business needs to have the potential to generate much more profit and hire employees. You can establish the viability of your business in the 5year business plan you will submit to the immigration authorities.
How To Successfully Apply For An E-2 Visa – Jurado & AAssociates, P.A Can Help You
If you are in the U.S with another visa (e.g H-1B or F-1) at the time of application, you can file a petition to change your visa status to an E-2 visa. What you would do is to file an I-129 form with the United States Citizen and Immigration Service (USCIS).
If you are outside the United States, you have to file a DS-160 application online. Other information related to your filing can be found on the website of the US consulate in your own country.
The application process for an E-2 visa has its own fair share of complexities. To make sure you don’t make any costly mistakes, you can let the experienced lawyers at Jurado & Associates, P.A guide you. You can call us at (305) (305) 921-0976 or send us an email at [email protected].