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Assisting Foreign Entrepreneurs With Obtaining E-2 Treaty Investor Visas

The U.S. Citizenship and Immigration Services (USCIS) oversees an immigration program that allows foreign entrepreneurs to reside in the U.S. and operate their own businesses. However, to qualify for E-2 visas, foreign nationals must prove that their new businesses will create job opportunities for U.S. workers.

Additionally, the foreign national with control or majority ownership in the business must come from a country with a qualifying treaty with the U.S.

Even though, at first glance, obtaining an E-2 Visa may seem relatively simple, in reality, it is similar to the process involved with other immigration visas and can be overly complex. For this reason, if you are interested in obtaining an E-2 Visa, it is in your best interest to consult with a licensed attorney familiar with immigration law.

The Element Law Firm, PC of Southern California, can provide you with immigration services for treaty investors that will benefit your business. Contact our law office and ask to schedule a complimentary 15-minute phone call with our experienced immigration lawyer, who can evaluate your legal needs.

What is the Purpose of an E-2 Treaty Investor Visa?

An E-2 Visa is a non-immigrant visa designated for foreign investors, entrepreneurs, or those looking to operate a business in the United States. E-2 Visa holders are permitted to start and work for the new business.

However, it must be stated that individuals from a foreign country looking to obtain E visas must make a substantial investment into an operating business, not a projected investment. However, the investment amount must pass a proportionality test if the foreign investor wishes to create a new business. A proportionality test evaluates the amount of the investment to determine if it is sufficient to start the type of business being considered.

If you receive approval to start a new business or invest in an existing business, you will be granted an E-2 Visa.

If you want more information about the purpose of an E-2 investor visa, contact the Element Law Firm, PC, to schedule an initial consultation. Our experienced immigration lawyer is well-versed in the complexities of procuring E-visas and will gladly help you with your legal needs.

What Legal Requirements are Needed to Qualify for an E-2 Visa?

Although an E-2 visa is an excellent way for foreign nationals to be able to come and grow their business in the U.S., there are strict legal requirements that must be met to qualify.

These legal requirements include:

  • The investor must be a foreign national from a treaty country.
  • The proposed investment must go for business purposes in a real operating enterprise. Speculative or idle investments made by foreign nationals do not qualify them for an E-2 visa.
  • The investor must be willing to provide a substantial investment sufficient for the proposed business venture.
  • The investment amount must be substantial enough that it has a significant economic impact in the U.S.
  • The individual must come to the U.S. to grow and direct their business as the principal investor, be employed in a supervisory role, or have a highly specialized skill capacity. Unskilled workers do not qualify.

What are the Benefits and Limitations of an E-2 Visa?

E-2 Visa holders enjoy a host of benefits. However, there are also several limitations that potential investors should be aware of before filing an E-2 nonimmigrant visa application.

Benefits of E-2 Visas

  • E-visas are available to citizens from 75 qualifying treaty countries.
  • There is no minimum investment required. However, the investor must be willing to provide a “substantial amount” of capital toward the business venture.
  • Spouses of E-2 visa holders are eligible to obtain an open-market work permit that allows them to work for any company or organization of their choice.
  • Dependent children of E-2 visa holders are eligible to attend the school they choose while living in the U.S.
  • There is no limit to the number of times an E-2 visa may be renewed as long as the business is an operating commercial enterprise.

Limitations of E-2 Visas

  • The E-2 visa is a nonimmigrant visa and, unlike other visas, is not a pathway to permanent residency. However, individuals may be eligible to obtain an EB-5 green card if they invest over $500,000 or $1,000,000 and the business creates 10 or more jobs.
  • The investment must be substantial enough to bring in significantly more income than the principal and make a significant economic impact on the area of the U.S. the business is located in
  • Only citizens of approved treaty countries are considered eligible for an E-2 visa.

If you would like to know more about the countries with E-2 investor visa treaties with the United States, contact our law office to schedule a consultation so we can provide more information.

Why is it Best to Hire an Immigration Lawyer to Help Me With an E-2 Investor Visa?

E-2 visas are ideal for foreign investors and entrepreneurs who wish to start or invest in a business in the U.S. However, immigration law is often confusing and challenging for individuals to navigate without an experienced lawyer’s help.

The Element Law Firm, PC will explain the complex process of obtaining an E-2 investor visa and what you must do to qualify. For example, even though there is no specific amount stated explicitly by law to qualify, the more significant the investment amount, the easier it is to qualify.

We can also provide advice regarding the type of funds that qualify. For instance, money in a bank account or uncommitted funds do not qualify. In contrast, loans secured by the investor may be considered.

Suppose you are interested in growing an existing business or investing in a new business. In that case, it is in your best interest to hire a knowledgeable immigration lawyer who will provide you with sound legal advice. Contact the Element Law Firm, PC of Southern California, at 760-487-1120 and ask how to schedule an initial consultation with our E-2 Visa attorney.

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