E2 Visas are special programs for foreign nationals who wish to invest and reside in the United States. Qualifications and regulations for the E-2 Visa Program varies from country to country and individual needs of the investor. The E-2 Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. This visa must generally be renewed every two to five years, but there is no limit to how many times one can renew.
Our skilled counseling staff and affiliated attorneys and businesses will assist you in making the right decision for your investment. We will make the process quick and easy so that you can begin your business as soon as possible. We represent Franchises that will work with Visa Clients and we have the attorneys who will guide you, the Visa Candidate through the application process.
The chart below it’s an outline of the E-2 Visa program. We work closely with your immigration attorney to get the attorney's approval of any franchise we are considering for the E-2 Visa. We will coordinate between you, the franchise, and applicable attorneys to assure a smooth and timely process.
Below is an introduction to Bobby Chong, an experienced and knowledgable immigration attorney who specializes in the E-2 Visa. We have worked successfully with Bobby Chong on a number of E-2 Visa applications. We have included below his introduction to his services, we are confident you will find his information valuable however, we will work with any immigration attorney of your choice.
Visa | E-2 |
---|---|
Intention | Non-Immigrant investment Visa |
Process Time | 3 weeks to 3 months. Depending on how quickly you can find the business and prepare the documents |
Qualified Nations | Country list can be found on Department of State website |
The Minimum Amount of Investment | $100,000 |
Investment Territory | Anywhere in the USA |
Residency Territory | Close to the business location |
Business Operation | Directly operate the business |
Employment | Responsible for own employment process and documentation |
Special Requirements | Profitability is necessary, so should plan to make more than a livelihood, and make significant economic contribution within 5 years |
Visa Process and Duration of Stay | Apply for non-immigrant visa. Apply for Treaty Investor. Get your E-2 visa. Every 2 or 5 years apply for your visa extension through Petition for a Non-immigrant Worker. |
You must be a citizen of a treaty country with the U.S. in order to apply for the E-2 visa. For a list of treaty countries, please click here.
You can qualify for the E-2 visa by either starting-up a new U.S. business or purchasing an existing U.S. business. Any kind of business could qualify for the E-2 visa as long as the business is able to make sufficient profits to provide you and your family with a comfortable living in the U.S. and also employ at least a few U.S. employees working meaningful hours and earning livable income.
The law does not specify a minimum investment amount to qualify for the E-2 visa. You should be prepared to invest at least US$100,000 into your U.S. business to have a decent E-2 visa case. Investments of $150,000 or more have significantly greater probability of satisfying the visa officer. The more you invest, the stronger your E-2 visa application will be and the higher your chances of visa approval. The appropriate investment amount depends on what type of business you buy or start-up.
If starting a new business, you do not need to spend the entire investment amount. You only need to spend what is normally necessary to start-up this type of business and then the remaining unused cash may be held in your U.S. business account as working capital. Immigration officers normally count the entire invested amount, including a reasonable working capital as your E-2 investment even though you only spent a portion of the funds.
Please keep in mind that you have to invest in the U.S. business first before you can apply for the E-2 visa. First, you need to enter the U.S. on ESTA Visa Waiver Business or with a B-1 Business Visitor's visa to purchase a qualifying existing business or set-up a new business at least to the point of being ready to start operations. After you have made the investment, you may apply for the E-2 visa. An important part of my services is to guide you on proper business set-up if you are starting a new business, help you examine the existing US business to determine if it is a good candidate for the E-2 visa, if you are buying an existing business, instruct you on making proper fund transfer, and documenting fund source in order to qualify your investment for the E-2 visa.
The attorney's fee for a standard E-2 investor visa case starts at $5,200 for principle investor and $300 for each family member (i.e., spouse and unmarried children under age 21), plus U.S. government application fees.
Please note that people who have prior visa denial, immigration violation, criminal record, or some other serious problem have more complicated visa case. Therefore, I may need to adjust the attorney's fee quote after speaking with you and understanding your situation.
The E-2 Visa allows foreign investors to work in the United States based on the investment that he or she will be maintaining while in the country. In order for the foreign investor to obtain an E-2 Visa they must be coming from a country that has a treaty with the United States that allows qualifying nationals to obtain an E-2 Visa. The investor can either work for a business that they invested funds into or maintain their own new business within the United States. The E-2 Visa is not valid after 5 years, but there is an unlimited amount of times that a foreign investor can receive an extension. There is no minimum investment required for foreign investors to obtain an E-2 Visa, but the lower the investment; the less likely you are to qualify for an E-2 Visa. The visa holder may enter and leave the United States as much as he or she wishes as long as the Visa is still valid. The investor’s family, including a spouse and unmarried children will be issued an E-2 Dependent Visa to legally stay in the United States. The foreign investor’s spouse will be able to legally work in the United States and his or her children will be able to attend school in the United States until they are 21 years old.
Although children of the investor will be able to attend school in the United States, they will not be able to legally work in the United States. After children turn 21 years old, they must obtain their own Visa to stay in the country. The E-2 Visa is a nonimmigrant visa, which means that the investor cannot obtain citizenship in the United States with their investment or business. Investors do not qualify for benefits that permanent residents in the United States receive. For example, E-2 Visa holders are not qualified for federal student loans, homestead exemption, and certain types of financial aid or university scholarships. The E-2 Visa in only valid if the investment is successful. If an investment or business run by an investor fail, then the investor needs to leave the country even if their E-2 Visa has not expired.
If you would like to apply for an E-2 Visa, you must be willing to complete all of the requirements of an E-2 Visa. These requirements are described earlier in this article. If you are living in the United States in a lawful nonimmigrant status you can apply to change your status to an E-2 Investment Classification. In order to do this, you must file Form I-129.
If you are living outside of the United States you must follow the application procedure that is provided on the United States Department of State Website. The application involves submitting Form DS-160 online with a photo and then printing it to bring to an interview at the U.S. Embassy or Consulate in the country where you live. You must set up an appointment for this interview. After setting up your interview, you must pay your application fees and collect all of the required documentation for your interview. You will need a valid passport, a copy of your Visa application, the receipt for your application fee, and a photo of yourself.
If you need advice about the immigration process or how to obtain a Visa, you should only speak to a law attorney or an accredited representative that works for the Board of Immigration Appeals. There are many advertisements and organizations that offer immigration help, but they are not authorized to give legal advice. Here is a list of immigration scams that you should avoid and be cautious of.
Telephone Scams - USCIS will not call you or ask for any payment over the phone. If someone calls you claiming to be an USCIS official and asks for personal information, payment or false information about your immigration record just hang up.
“Notario Publico”- In many Latin American countries, “notarios” are legal attorneys. However, in the U.S. notary publics are people that are appointed by the government to witness the signing of important documents and oaths. They are not qualified to give any legal advice about immigration.
Local Businesses- Some local businesses may guarantee to get you an immigration document like a Visa or Green Card. These businesses charge higher fees and the filing process takes longer.
Visa Lottery- Once a year the Department of State makes 50,000 Visas available via random selection. The people involved in this lottery meet strict requirements and come from countries with low rates of immigration.The only way to apply for the Visa Lottery is through the government application process. The Department of State will not send emails to applications. Many unofficial organizations and scammers will email you asking for a fee for the lottery or saying that you won. These are scam emails and you should delete them.
Immigration and Naturalization Services (INS) - This government agency no longer exists as of 2003. Many organizations and scammers will make reference to this, but it is all false information.Please contact our skilled counseling staff for specific information and qualifications for these visa programs. Please be assured that our affiliated attorneys and businesses are experts in expediting these visa programs. We have identified many businesses that specialize in working with visa candidates. We can assist you every step of the way to make this an easy and quick process.
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