Are you considering immigrating to the United States to start or invest in a business? If so, you may be eligible for an E2 or Treaty Investor visa. However, navigating the complex process of applying for an E2 visa can be overwhelming, which is why it’s crucial to consult with an experienced E2 visa lawyer. In this article, we’ll cover everything you need to know about E2 visas and how an E2 visa lawyer can help you achieve your goals.
What is an E2 Visa?
An E2 visa is a non-immigrant visa that allows foreign nationals to invest in and manage a business in the United States. To be eligible for an E2 visa, the investor must be a citizen of a country that has a treaty of commerce and navigation with the United States. Additionally, the investor must have invested, or be in the process of investing, a substantial amount of capital in a U.S. business.
Benefits of an E2 Visa
There are several benefits to obtaining an E2 visa, including the following:
- The ability to live and work in the United States for the duration of the visa
- The ability to bring dependents, including spouses and unmarried children under 21 years old, to the United States
- The ability to travel in and out of the United States freely while the visa is valid
- The option to renew the visa indefinitely, as long as the business remains viable
Qualifying for an E2 Visa
To qualify for an E2 visa, the investor must meet several requirements, including:
- Being a citizen of a country with a treaty of commerce and navigation with the United States
- Investing a substantial amount of capital in a U.S. business
- Owning at least 50% of the U.S. business or having operational control through a managerial position
- Demonstrating that the investment is a bona fide enterprise, meaning it has the capacity to generate more than enough income to provide a living for the investor and their family
- Providing evidence that the investment is not solely for the purpose of earning a living but also to make a significant economic contribution
E Visa Application Process
The E visa is a nonimmigrant visa that allows individuals to enter the United States to engage in trade or investment activities. There are two types of E visas: E1 and E2. The E1 visa is for individuals who engage in substantial trade between the United States and their home country, while the E2 visa is for individuals who invest a substantial amount of capital in a U.S. business. This article will provide a step-by-step guide to the E visa application process.
Step 1: Determine Eligibility
Before applying for an E visa, it is important to determine if you meet the eligibility requirements. To be eligible for an E visa, you must be a national of a treaty country that has a qualifying treaty with the United States. Additionally, you must be coming to the United States solely for the purpose of engaging in trade or investment activities. For the E1 visa, you must demonstrate that you will engage in substantial trade between the United States and your home country, while for the E2 visa, you must invest a substantial amount of capital in a U.S. business.
Step 2: Prepare Documentation
Once you have determined that you are eligible for an E visa, you will need to prepare documentation to support your application. This may include:
- A completed DS-160 form, which is the application for a nonimmigrant visa
- A valid passport
- Evidence of your eligibility for the visa, such as proof of substantial trade or investment
- A business plan or other documentation related to the investment
- Proof of financial support, such as bank statements or tax returns
- Any other documentation required by the embassy or consulate where you will apply for the visa
Step 3: Schedule an Interview
After you have prepared your documentation, you will need to schedule an interview at the U.S. embassy or consulate in your home country. You can do this online or by contacting the embassy or consulate directly. During the interview, you will be asked questions about your eligibility for the visa and your plans for trade or investment activities in the United States.
Step 4: Attend the Interview
On the day of your interview, you should arrive at the embassy or consulate at least 30 minutes before your scheduled appointment time. You should bring all your documentation, including your passport and any supporting documents. During the interview, you should be prepared to answer questions about your eligibility for the visa and your plans for trade or investment activities in the United States.
Step 5: Receive a Decision
After your interview, the embassy or consulate will review your application and decide whether to grant you an E visa. If your application is approved, you will receive your visa within a few days to a few weeks, depending on the embassy or consulate. If your application is denied, you will receive a letter explaining the reasons for the denial.
How Can an E2 Visa Lawyer Help?
Navigating the complex E2 visa application process can be challenging, especially for those unfamiliar with U.S. immigration law. An experienced E2 visa lawyer can provide valuable assistance throughout the entire process, including:
- Determining eligibility for an E2 visa
- Assisting with the preparation and submission of the E2 visa application
- Providing guidance on required documentation and evidence
- Communicating with the U.S. embassy or consulate handling the application
- Appealing a denied E2 visa application
What to Look for in an E2 Visa Lawyer
When choosing an E2 visa lawyer, it’s essential to look for an attorney with the following qualities:
- Experience with E2 visa applications and approvals
- Knowledge of U.S. immigration law
- Strong communication skills
- A record of success with E2 visa applications
Frequently Asked Questions (FAQs)
Can I apply for an E2 visa if I’m already in the United States?
No, you must apply for an E2 visa at a U.S. embassy or consulate in your home country or a country where you have legal status.
Is there a minimum investment requirement for an E2 visa?
There is no specific minimum investment requirement for an E2 visa, but the investment must be substantial enough to generate more than enough income to provide a living for the investor and their family.
How long does it take to obtain an E2 visa?
The processing time for an E2 visa can vary depending on the embassy or consulate handling the application. Typically, it takes several weeks to several months to receive a decision.
Can I bring my family with me on an E2 visa?
Yes, an E2 visa allows the investor to bring their spouse and unmarried children under 21 years old to the United States.
Can I renew my E2 visa?
Yes, an E2 visa can be renewed indefinitely as long as the business remains viable and the investor meets the eligibility requirements.
Obtaining an E2 visa can be a complex and challenging process, but with the help of an experienced E2 visa lawyer, you can increase your chances of success. An E2 visa offers numerous benefits, including living and working in the United States and bringing your family with you. By understanding the eligibility requirements, preparing a strong application, and working with the right attorney, you can achieve your goal of starting or investing in a business in the United States.