Wednesday, 10 Aug 2022

Is It Difficult To Get An E2 Visa?

An E2 visa is a good option for investors/entrepreneurs planning to come to the United States own and grow their business. Our attorneys are versed in these kinds of cases. We have worked with investors & entrepreneurs from across the world in such cases. However, clients often do ask before starting just how difficult it is to obtain an E2 visa.

Here I’m going to discuss what it requires to file a petition for an E2 visa, and I will answer some of the questions that applicants may have before going forward with the E2 process. After reading, you should understand what E2 requirements are and how working with the best immigration attorney in houston, texas can pacify your worries.

An E2 Visa and its Requirements

The E2 visa is a non-immigrant classification that allows some foreign nationals to come to the United States to establish & grow their business. E2 applicants can bring their family with them (such as their spouse and unmarried children under age 21, as a dependent). E2 applicants must first make a substantial investment in the E2 enterprise. The enterprise can be a new or existing business. See investment visa for usa to read more on investment program.

  • While there is no legal minimum investment for an E2 enterprise, it is well recommended that the E2 applicant invest at least $100,000 in the enterprise.
  • Investment can be agreed substantial in a symmetrical sense founded on how the amount of qualifying funds relates to the cost of the business
  • Investment is considered substantially if it is determined to be sufficient to ensure a financial commitment to the successful operation of the enterprise
  • An investment is decided substantial if it benefits the likelihood that the investor will successfully develop and control the enterprise
  • Since a substantial investment must be fulfilled, there are other things to evaluate. Like;
  • The source of your funds must be lawful with excellent documentation. The funds could be from the sale of property wages, gifts, or loans (provided you are not using the E2 enterprise as collateral), etc. You must document the source of your funds to the best of your ability to build a solid E2 case.
  • The funds must also be irrevocably committed to the enterprise, which means that the fund must be at-risk.
  • The enterprise at stake cannot be considered marginal. A marginal enterprise is one that, in the present or future, may only generate enough income for the applicant.
  • E2 applicant must have a controlling position in the enterprise meaning, at least a 50% percent ownership or stake.
  • An E2 applicant must also be a national of an E2 treaty country.

Finally, you must prove that you have the intention to leave the United States at the expiration of your E2 status.

How Hard Is It To Obtain An E2 Visa?

With this said, you should know what is required to be eligible for E2. But, the essential part of a successful E2 petition is including all paperwork evidence to submit.

If your investment is in buying an existing business, you have to submit all necessary purchase documents. And if it is establishing a new business, you should submit all essential documents associated with the formation of the entity, like incorporation and other documents. It is also crucial to present evidence that substantial investment was implemented and show that you own a controlling interest in the business.

Therefore, you must submit every documentation that proves the business is real and active. Also, it a non-marginal (like pictures of the business purchase orders, printouts of your website, etc.)

Compelling all these documents may be overwhelming, but working with an experienced immigration lawyer who can guide you through the process will likely make things easier.

Additionally, it is good to note that the E2 visa process is relatively straightforward compared to other immigration application petitions. Speak with us now at abogado de inmigracion en houston tx for more explanation.