To obtain an E-2 Visa, applicants must meet a number of requirements. To start, to apply for this visa, you must be a national of a country with which the United States has a treaty of commerce and navigation. However, this is only the first of many requirements you will need to meet to qualify for this visa.
If you are a national of a qualifying country, the next thing you need to do is make a substantial investment into either a new or an existing business in the United States. While there is no specific dollar amount attached to the term “substantial,” the amount you invest must be sufficient for the successful operation of your E-2 business.
In addition, to obtain an E-2 Visa, then you must intend to come to the United States to develop and direct your E-2 business. In other words, passive investors will not qualify for this visa category. If you are not an investor, however, you can obtain an E-2 Visa if you are employed by an E-2 business in an executive, supervisory, or highly specialized skill capacity. In other words, ordinary workers will not qualify.
Defining “Substantial”
One of the most important steps you need to take to obtain an E-2 Visa is to make a “substantial” investment into a business in the United States. However, as stated above, there is no set dollar amount or percentage of investment that will qualify as “substantial” in all cases. Generally, an applicant will satisfy the substantial investment requirement if:
- The investment made into the E-2 business is proportional to the total value of the business in question (if the investment was made into an existing business); or
- The investment is sufficient to establish a viable business (if the investment was made to start a new business).
Although the above might sound straightforward, meeting the investment requirement of the E-2 Visa can be quite tricky, so it is vital to work with an experienced immigration lawyer who understands the E-2 Visa application process.
What Specific Steps Do I Need to Take to Obtain an E-2 Visa?
Since the law requires the funds you invest into your E-2 business to be at risk, you must, generally, have already made the investment into the business or at least placed the funds in trust at the time of submitting your E-2 Visa application. This will help establish that the funds are irrevocably committed to the E-2 business. As stated above, you may invest the money into either a new or an existing commercial enterprise in the United States as long as you maintain control of it. Furthermore, the E-2 business must have physical premises and be actively engaged in commercial activities.
Once you choose the E-2 business into which you would like to invest and make sure you meet the general eligibility requirements for this visa category, the next step is to hire an experienced Immigration Lawyer to help you put together the necessary documentation, which can be a daunting task. If you want the business of your dreams to be located in Florida, then Attorney Romy B. Jurado is the best option for you.
Obtain an E-2 Visa with the Help of an Expert Immigration Lawyer
Attorney Romy B. Jurado provides business-focused immigration solutions by approaching immigration law strategically and working diligently to anticipate potential problems and address them before they cause a delay, or worse, a denial.
If you are ready to move to the United States and start the business of your dreams in Florida, call Attorney Romy B. Jurado at (305) 921-0976 or send an email to [email protected] to schedule an initial consultation.
