E-2 Visa Lawyers In New York City

E-2 immigrant investor program

Nationals from around 80 treaty countries are eligible to apply for the E-2 visa by investing a substantial amount (i.e. the amount that will guarantee a success of the business enterprise) of capital to establish, develop, or maintain a business in the USA. The E-2 visa is temporary - it is issued to be valid for up to 2 years but can be renewed indefinitely.

E-2 visa requirements 

In order to be eligible for the E-2 immigrant investor program, applicants need to prove that their sole reason for entering the USA is to run or develop their business. Applicants must have the same nationality as the majority of owners of a given business. Moreover, they must either hold managerial positions or be seen as essential employees.The investors must also show that the funds have not been obtained through illegal means. There is no specified amount of capital to be invested, however the advised amount is US$100-200,000. In some cases the accepted amount may be lower and depends on the type of business. Evidence for investment involves bank statements and relevant financial accounting documentation. 

Additionally, treaty investors should have at least 50% ownership of the US business. The investment should be a real operating enterprise. The investment should not be marginal, which means it should generate enough income for the visa holder and his family to provide for their stay within 5 years of entering the United States. There is no requirement to own any business prior to participating in the E-2 investor program. If you are not an investor, you need to be considered an essential, skilled employee. In contrast to the EB-5 investor program, the E-2 program does not require specific employment growth. It is important to note that only legitimate citizens of one of the treaty countries are eligible for the E-2 immigrant investor program. You can see the full list of eligible countries at the US Department of State website.

If you have any doubts, feel free to contact our E-2 immigration attorneys to see if you may be eligible to apply for the E-2 immigrant investor program.

Benefits Of the E-2 immigration program

The E2 “Treaty Investor” Visa provides an opportunity to set up a business in the USA. The E-2 visas can be extended to the applicant’s spouse and children (the spouse and children do not need to be of the same nationality as the investor’s). The spouse  will also be eligible to apply for an Employment Authorization Document which means he or she will be given the right to work legally in the United States. 

The E-2 immigrant investor program does not provide permanent residency (compare with EB-5 immigrant investor program).

How our E-2 immigration lawyers will help you with the application process

Before you start the application process, you need to create a business plan for a period of five years. Once you decide on the type of business you would like to conduct, our E-2 lawyers will assist you with every step of the application procedure. The exact steps of the application may vary depending on the  U.S. Embassy or Consulate where you apply, as different countries have different policies and visa processing procedures.

 You will need to complete a Nonimmigrant Visa Electronic Application (DS-160) form and electronically submit all supporting documents. Remember you are also required to pay a nonrefundable visa fee. You will most likely be asked to schedule an appointment at the US embassy or consulate at a place of your permanent residence. Remember that before an interview you will need to prepare certain documents, such as a passport valid for at least 6 months after your expected stay in the US, and a photo which you will be required to upload electronically. If you are unable to upload the photo, you will need to bring a printed photo in the format specified in the application form. Before an interview, you will have an ink-free digital fingerprint scan taken. Our E-2 immigration attorneys will make sure you are prepared for the interview and possess all the necessary documentation prior to the meeting. 

After you submit the application for the  E-2 immigration program

The visa processing time usually takes around two months but it can be prolonged if the application form contains any mistakes. Our E-2 immigration attorneys will make sure the process goes smoothly to avoid any delays. You can also apply for a premium processing at an additional fee.

Once you submit your application, you can check its status at the USCIS website.

Remember you will need to renew your E-2 visa every two years in order to legally stay in the United States.

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