The E-2 Visa is a non-immigrant visa that is available for foreign entrepreneurs looking to come to the United States to direct a business in which they have made a substantial investment. The E-2 Visa has two main requirements:
- Nationality and Treaty Requirement: The applicant must be a national of a country with which the United States maintains a treaty of commerce and/or navigation.
- Substantial Investment: The investment must be substantial. If you are buying an existing business, the investment must be at least half the total value of the company. If you are starting a new business, the investment amount must cover the costs of establishing the business.
If you are considering applying for an E-2 visa, here are some tips:
Tip 1: Choose Your Business Structure Wisely
Consult with an Experienced Business Lawyer
The business structure you choose for your E-2 business will have a significant impact on taxes and liability protection. It is crucial to consult with an experienced business lawyer who can educate you on the advantages and disadvantages of each available business structure and help you make an informed decision.
In Florida, the most popular business structures for the E-2 visa are Limited Liability Companies (LLCs) and Corporations. The business structure you choose will depend on your unique business needs and goals. A qualified business attorney can help you make an informed decision.
Tip 2: Ensure Proper Business Entity Setup
Consider Professional Legal Assistance
Setting up your business properly is a crucial step in creating any business in the United States. Setting up a business entity in Florida entails much more than merely filing documents. Mistakes at this stage can have severe consequences in the future. Therefore, applicants are generally more comfortable retaining a business immigration attorney for the E-2 visa application process.
Tip 3: Invest More Than You Think
Err on the Side of Caution
Although the E-2 visa requires a substantial investment, the guidelines do not specify an exact amount. Whether an investment is substantial depends not only on the amount of money but also on the business’s nature. It can be challenging to determine how much to invest. To avoid potential denial, consider investing more than you initially think you will need. It’s better to be safe than sorry.
Tip 4: Craft a Comprehensive Business Plan
Detail Your Business Strategies
A detailed business plan is of paramount importance when applying for an E-2 visa. This document provides USCIS with insights into your business strategies for the future. Your business plan should:
Explain the products and services you will offer.
Describe your business assets, resources, and expenses.
Provide 5-year projections outlining your plans to increase profit and expand your business.
Tip 5: Provide Extensive Evidence of Funds Source
Document Your Investment Source
Ensure you provide highly detailed documented evidence showing the legal means through which you obtained the investment funds. The more evidence you provide, the better. This step is crucial, as the USCIS will not approve your E-2 visa unless they are certain the funds you invested came from a legal source, with no involvement in criminal activities.
Tip 6: Collaborate with an E-2 Visa Lawyer
Key to a Successful Application
This is arguably the most important tip we can offer. Regardless of the visa category you are pursuing, the assistance of an immigration attorney who understands the nuances of the application process is the key to a successful application.
At Jurado & Associates, P.A., we can help you apply for any visa and guide you on increasing your chances of obtaining it. To learn more about our services, give us a call at (305) 921-0976 or send us an email to [email protected] or via WhatsApp +1 (305) 921-0976 to schedule an initial consultation with one of our immigration experts.