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E-2 Investor Visa USA and Essential Workers

The investment from foreign countries is one of the most important contributors to the success of US economy. The E-2 Investor Visa allows foreign investors to come to the United States based on investment in a U.S business.

E-2 enables foreign investors and essential workers from countries that have treaties with the United States to visit under their own distinct visa status. Certain employees of such a person or of a qualifying organization may be eligible for this classification as well.

Nationals of qualifying Treaty countries who have made a significant investment in the United States may qualify for E-2 Visa.

There is no set minimum level of investment which may qualify for E-2 Investor Visa status. However, the lower the investment the less likely one is to qualify. Again, the level of investment must be sufficient to justify the treaty national presence in the United States.

The investment must be in an operating business – simply buying property or stocks and bonds does not qualify. Also, a substantial part of the investment must have been made before applying for E-2 Investor Visa status.

Would you like to have investments in the United States but have problems with entering in the country? You need to know that visa and immigration laws are making it more and more difficult for citizens of other nations to enter and stay in the country. However E-2 visa usa is one that’s favored by the State, due to its relation with investments, you would like to make sure that your E-2 visa USA application is successful when you apply. That’s when Attorney MP can be of your biggest help and assistance. They are ready to help you all the way, until you are deemed applicable to get the visa.

E2 Visa Countries

E2 visas may only be applied for by people or companies from the following countries

Argentina China (ROC) Georgia Kyrgyzstan Pakistan Switzerland
Armenia Colombia Germany Latvia Panama Thailand
Australia Congo Grenada Liberia Philippines Togo
Austria Costa Rica Honduras Luxembourg Poland Trinidad and Tobago
Bangladesh The Czech Republic Iran Mexico Romania Tunisia
Belarus Ecuador Ireland Morocco Senegal Turkey
Belgium Egypt Italy Moldovia The Slovak Republic The Ukraine
Bosnia-Herzegovina Estonia Jamaica Mongolia Spain United Kingdom
Bulgaria Ethiopia Japan Netherlands Sri Lanka Uzbekistan
Cameroon Finland Kazakhstan Norway Suriname Yugoslavia
Canada France Korea Oman Sweden

Unratified but signed treaties exist with: Albania, Azerbaijan, Haiti, Jordan, Nicaragua, and Russia.

E-2 visa usaE-2 Visa is suitable for:

(a) entrepreneurs from treaty countries investing substantially in a U.S. enterprise;

(b) nationals of treaty countries entering the U.S. to develop and direct investments from the treaty country;

(c) nationals of treaty countries entering the U.S. to develop and direct the operations of an enterprise in which they have invested, or they are actively in the process of investing a substantial amount of capital;

(d) immediate family members of E-2 visa holders;

(e) companies in treaty countries to send key personnel to manage the U.S. affiliate or branch;

(f) companies in treaty countries to send personnel to setup a U.S. company.

Qualifications

To qualify, petitioner must own at least 50% interest or control of the invested business. Moreover, the investment must be active and substantial and the investment must create jobs. To qualify as an investor, you must be the one to manage the business. In order to be considered an essential worker, you must be a highly qualified employee. Also,  specially trained and considered important to the invested business.

The applicant is required to come to the United States to develop and manage the operations of an enterprise.  Such person must also invested or be actively in the process of investing a substantial amount of capital.

Qualifications for the employees:

(a) employee must be the same nationality of the principal alien employer (who must have the nationality of the treaty country);

(b) meet the definition of “employee” under relevant law;

(c) either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

Special qualifications are skills which make the employee’s services essential to the efficient operation of the business. There are several qualities or circumstances which could, depending on the facts, meet this requirement.

These include, but are not limited to the degree of proven expertise in the employee’s area of operations, whether others possess the employee’s specific skills, the salary that the special qualifications can command, whether the skills and qualifications are readily available in the United States.

Summary of E-2 Visa application requirements:

  1. There has been and will be a substantial capital investment in the US. While there is no specific minimum cash threshold for this as defined, at least $40,000 should be an absolute minimum. Any investment below $100,000 would need a very strong case to support it.
  2. Risk Capital has been Committed. The investment must entail some risk to the investor; and at a minimum, there must be a long-term lease of an office in the US
  3. The investor will control his/her investment. Control is considered to entail owning over 50% of the US enterprise.
  4. The cash invested is not marginal when compared to the total investment. In general, unless it is common to the industry to have higher amounts of ‘leveraging’ (such as in the property industry), 51% of the investment should be in the form of cash equity. Where debt is secured against other assets of the investor, it is considered to be ‘at risk’, and may be considered as part of the equity invested.
  5. The enterprise is, or will be active. In order to be ‘Directing and Developing’ their investment, the investor will require an enterprise that involves active management.
  6. US workers are or will be employed. The treaties should be creating a job for the principal investor, but there is no requirement to employ a particular number of US citizens. Employment of large numbers of US citizens would be viewed very favorably.
  7. The enterprise, or its principal investor, has a history of successful trading.
  8. That the ‘investor’ has sufficient expertise to direct and develop the investment enterprise.
  9. That the principal investor, and any other E2 staff, are able and willing to leave the US upon termination of their E2 status.

Most E-2 Investor Visas are done through consular processing, where the amount of documents required varies to each case.

The qualified treaty investors and employees are granted a maximum initial stay of five years. Extension of stay may also be granted dependent from investment progress.

There is no maximum limit to the number of extensions an E-2 Investor Visa nonimmigrant may be allowed, however, all E-2 Investor Visa nonimmigrants must maintain an intention to leave the United States when their status expires or is terminated.

Spouses and unmarried children below 21 years old may accompany or follow the treaty investors and employees. Their family members may seek E-2 Investor Visa non-immigrant classification as dependents and when approved, they will be granted the same period of stay as the employee.

To find out more about E-2 Investor Visa, the procedural steps involved and an estimate of fees, call or email us today for your free in-depth consultation!

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  • Los Angeles Office: 800-217-0042
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