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The E2 Visa, Do You Qualify?
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Welcome to one of the world’s leading firms for E2 Visa cases, handling cases nationwide and in 54 countries.
We have created hundreds of successful investor visa E2 cases, not only for ourselves, but for 80 law firms nationwide that give us their most complex E2 visa cases to work on. We are one of the under 1% of immigration firms that also practice business law (contracts and litigation). Our lead attorney studied strategic management at Harvard and has been in business since the age of 13. He is equipped to lead a team to your success. We can not only prepare your E2 visa case, but also your business plan, and even create your business for you in the legal sense and real world sense, as we are business consultants as well (in the true sense; not just lawyers who can consult). In short, we get business.
3 Options for Foreign Investors in order to obtain a Nonimmigrant Visa or Green Card
Are you an investor from a foreign country looking to relocate to the United States to grow a business? There are only 3 visa options, the E-2, the L-1, and the EB-5. The E2 visa is popular and has some benefits as well as some detriments that we will discuss here. We have professionals in marketing, business plan writing, film production, and SEO, as well as thousands of contacts to help you with your business transition. Our lead attorney moved to Rome for a year (four years ago) and tried to conduct business; he is acutely aware of the difficulties you are facing when relocating to a new country.
The E1 Visa
The E1 visa is for persons who deal in import-export with a treaty country. As we receive very few inquiries on that, we will only discuss the E2 at this time as the rest of the business principles are essentially identical.
The E2 Visa
The E2 visa allows you to invest in the U.S. by purchasing an existing business, a franchise, or creating your own. This means you must be investing or have already invested a substantial amount of money (which usually starts at only $100,000) into a company in the United States. If you like, we can refer you to a business broker who can help you locate a business, we can help you start your own, or you can invest in a franchise.
E2 Visa Treaty Country Requirement
Only nationals of treaty countries — countries with an international treaty of commerce and navigation with the U.S. — can apply for an E2 visa. There are over seventy countries on the list, including Mexico, Canada, and countries in Western Europe. Australian citizens may also apply for an E2 visa, despite the lack of treaty. (Not sure if your country is applicable? Check out our full list of treaty countries here.)
Interestingly, some countries allow for both the E1 visa (Treaty Trader or an entity involved in import/export) and the E-2 treaty investor visa (the standard business investment), yet some allow only one or the other. Be sure to consider this carefully before you make a plan. Call us if you are not sure how this works. We’ve had too many clients plan to pursue one or the other and later finally call a lawyer only to find out they invested in the wrong type of business. Our numbers are (877) 223-4684 or (619) 677-5727.
The E2 visa is a very special visa. With most visas, such as the F1 student visa, the government expects you to return to your original home after a certain period of time, once you complete your school studies, for example. But the E2 treaty investor visa has no such restriction. An E2 visa allows the investor to remain and conduct business for an indefinite period of time. There’s no need to specify how long you plan to remain in the country when you apply — all you need to do is show some intent to return to your country of origin at some point in the future. That point could be decades away. Every few years, you’ll have an opportunity to renew your visa, and the amount of times you may renew is unlimited, as long as you continue to run your business successfully. Pretty cool, right? We think so.
The L- Nonimmigrant Visa
If you own a business abroad that you plan on keeping, you may want to looking into an L-1 intracompany transferee visa. The L1 visa provides the added benefit of allowing you to pursue a Green Card after residing in the U.S. for one year, if that’s something that is of interest to you. If you have any questions about which visa may be better for your needs, feel free to call and we will brainstorm with you.
Many of you may be wondering whether family members will be able to accompany you to the United States if you are granted an E2 treaty investor visa. The answer is yes! Your spouse can even apply to work once you reach the U.S., and there are no restrictions as to what his or her work needs to involve. They may work for any company in any capacity, for as long or short an amount of time as they wish. If you have dependent children, they will also receive E-2 dependent visas, usually until they turn 21. Once they turn 21, if they wish to stay in the U.S. they will need to apply for a different visa in their own right.
Remember, your intent in coming to the United States with an E-2 treaty investor visa should be to grow your enterprise and create jobs here in the States. You will have to prove your company is capable of generating a substantial amount of revenue, not just enough money to support you and your family. You should provide a comprehensive business plan with your E-2 case, to prove your company will be able to generate a substantial amount of money. The business plan should include a SWOT analysis, marketing and advertising plans, as well as a 3 or 5-year financial projection. You can prepare one on your own and we will review it for free, or we can prepare one for you.
You may be thinking the E2 treaty investor visa is a risky venture. And you are partially correct. However, we are both immigration and business lawyers (unlike most firms in the U.S.), which provides us ample experience to keep you from ending up in a sticky situation. One way we help our clients lower the risk is by suggesting they purchase a business (or sign a lease if they are starting their own) with a clause that states: “Subject to the approval of the E visa.” This is called a condition precedent and is a way to ensure you won’t lose your investment should something happen during the visa process. If you have any other questions, feel free to give us a call at (877) 223-4684 and we will be able thelp you out.
Some people look at the E2 visa as an alternative when other situations fail. For example, we have successfully used the E2 visa for persons who wanted to spend some of their old age here or for people in gay marriages. Another way we’ve used it is to help parents get their kids (over 21 years of age) to the United States. The parents gift the children $100,000 for an investment, and then the children apply for an E-2 investor visa.
If you would like more information about eligibility requirements and the process of applying for an E-2 treaty investor visa, check out the other pages on our menu above. Already thinking the E-2 visa might be for you? Give us a call today for a free consultation!
Toll Free Number: (877) 223-4684
For those calling from outside the US: (619) 677-5727
From Canada: (877) 223-4684
From Italy: 0689385848
From England: 2033710984