What are the requirements for obtaining an E-2 Investor Visa?

• You are from a country that has an appropriate treaty with the United States
• You have invested a substantial amount of capital in a bona fide US enterprise
• Your objective for being in the United States is to develop and direct this business
• You intend to leave the United States at the end of the E2 Visa

Investment means, that the investor puts his capital at risk with the goal of generating profit. The investment in the company has to be substantial to show that the investor’s interest is sincere. The government will check the amount of the investment in proportion to the value of the business to determine, if the investment actually is substantial.

The investment must be personal business capital and subject to loss, if the business fails. It must be irrevocably committed to the business.

A substantial donation to a non-profit organization will not qualify for an E-2 treaty investor visa.

It is possible for your spouse and children to accompany you on the E2 Visa.  E2 status is valid for two years if you apply within the US and can be extended.  If you apply for the E2 visa outside of the US the E2 visa may be valid for up to five years depending on the the specific US Embassy.

For more information, please visit our E-2 Investor Visa page.

As I’ve seen in working with clients in the San Francisco Bay area, the U.S. economy
continues to struggle, which I view as a possible opportunity and benefit for
foreign investors who want to succeed in the U.S and for the country itself. As
an immigration lawyer, I work with many foreign-born businesspeople who
have made or will make a substantial capital investment in their company in the
US and who want to come to this country in an effort to continue to develop it.

Real Benefits

Let’s consider some of the benefits an investor can reap from acquiring an E2
visa and coming to this country. Along with being able to bring your spouse and
dependent children to the U.S. and the fact that your spouse may seek employment,
you may travel freely throughout the country and work at the company in
which you have invested. If you are applying for E2 status within the US the E2
is valid for two years but may be renewed as long as you qualify for the visa.

Result

The E2 Visa is not commonly seen as being a doorway to becoming a U.S. citizen. But it
is a good way for someone who substantially invests in their company in the United
States to obtain a visa. In another blog, I’ll discuss the requirements for the E2. In
my work as an immigration lawyer, I’ve found that some of the requirements are
less defined than others, which can work to an applicant’s benefit. From my San
Francisco and Sacramento area offices I’ve worked with many foreign investors
who want to travel and work in various parts of this country. It can be a rewarding
experience in many ways.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose,
and Sacramento, California, at info@ranchodlaw.com or at 800-753-1399 if you
have any questions regarding immigration law.

However, for many undergoing the E-2 and L-1 visa process, this is a first-time experience and they may not know what to expect. Here’s a list of what a good immigration lawyer should do for you if you’re applying for an investor visa.

Services:

• Review you present situation and all pertinent circumstances.
• Ensure that you are a candidate for an investor visa.
• Provide a list of exactly what is needed for your application.
• Prepare your L-1 or E-2 application in a timely and accurate manner.
• Submit all materials to the correct agencies.
• Treat all correspondence pertaining to your application in an organized and timely manner.
• Offer sound, knowledgeable advice regarding your interview with the the American Embassy.
• Timely communication regarding all aspects of your petition.

Benefits:

• Personalized service.
• Fast and accurate processing of your application and all paperwork.  
• Experienced insight regarding your case and the investor visa process.
• Knowledge of all recent USCIS developments as they pertain to L-1 and E-2 visas.
• Timely responses to any questions you have regarding your application.
• Quick follow up regarding any issues connected with your application.

For those who are engaged in applying for an investor visa, an experienced immigration lawyer can help speed up the process and ensure that everything is done properly. Legal representation can facilitate the successful completion of your L-1 visa or E-2 visa application.

Please contact the Ranchod Law Group with offices in San Francisco, San Jose Bay Area, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding investor visas or immigration law.

There are ways in which you may obtain a Green Card once you’ve been awarded an E-2 visa. As an immigration attorney in San Francisco, here are some of the ways in which my clients have qualified for their Green Card.

Green Card Qualifiers

• Relative Sponsorship: If you have an immediate relative who is a U.S. citizen, they may be able to sponsor you (Spouse, parent, or child).
• Investment: If you’re able to invest $1 million in a business or $500,000 in a rural area business and create 10 new jobs, you may qualify.
• Green Card through employment (PERM)

One thing to remember is that your E-2 visa does not allow you to stay in the U.S. indefinitely but it may be renewed.  As long as you’re able to maintain a viable company in the U.S., and demonstrate this viability, you will increase the likelihood of successfully renewing your E-2.

In my practice as an immigration attorney in San Francisco, I’ve found that there are many fine points related to obtaining a Green Card. If you have questions, consult with a knowledgeable and experienced immigration lawyer.

For more information on L1 Visas, please visit the E2 Visa section of our website.

Please contact the Ranchod Law Group with offices in San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding E-2 visas, Green cards or immigration.

Those who want to come to the country under an E-2 must apply through the American Embassy. Alternatively, if you are in the United States you may be able to change status to an E-2 status.  Recently, documentation standards have become more stringent, making the process more difficult. The San Francisco Bay Area and Sacramento,  California, like so many other parts of the state, is certainly a place that can benefit from startup companies; as an immigration lawyer, I am constantly monitoring the requirements for the E-2 visa. Here’s the latest regarding the key requirements for the E-2.

E-2 Visa Requirements

There are four main areas regarding your investment that will determine if you are allowed into the U.S. on an E-2 visa.

• Substantial Investment
  • Substantial funds are required to either start or purchase a business.
  • Although not defined by strict dollar amounts the low end is around $50,000.
  • Funds may be in an escrow account.
• Funding Source
  • The primary funding source must be the investor.
  • Gifts from relatives or friends are permitted.
• Active Engagement
  • The person starting the company, the investor, must be involved in the operation of the company.
  • They cannot be a passive participant.
• Income Generation
  • You must be able to show that your company will generate income.
  • That income needs to be enough to employ U.S. workers.
  • It must also be enough to support you and your family.

To summarize, this is what I tell my clients as an immigration lawyer, if you want to obtain an E-2 visa then you must have the funding necessary to create a thriving business that will benefit the economy, employ people in addition to supporting you and your family.   A solid business plan is also important in determining if you’ll be awarded an E-2 visa.

For more information on L1 Visas, please visit the E2 Visa section of our website.

Please contact the Ranchod Law Group with offices in San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding immigration.

These are the primary rules and regulations pertaining to co-investors and family members that I’ve found to be most important in working as an immigration lawyer with my clients in San Jose.

Rules and Regulations

Co-Investors

• If co-investors create a business, they may qualify for E-2 visas.
• Those co-investors may be two unrelated business partners or they may be related. Examples include a husband and wife, son and daughter or mother and son.
• As an investor in the company that is being created in the U.S., they are only allowed to work for that specific company.

Family Members

• If they are admitted as a spouse and not as a business partner, then once in the U.S. they may apply for work authorization and may work for anyone.
• If you have dependent children, they are usually awarded E-2 dependent visas that are valid until they turn 21. They may study in but they may not work in the U.S.
• After the age of 21, children may apply for a F-1 visa to attend college or for their own E-2 visa if they become an investor in an enterprise.
• College graduates may apply for a H-1B professional position visa. There are restrictions as to how many of these visas are awarded each year.

Other Rules and Regulations

• Initially, E-2 status is usually given for two years and after review may be granted an extension. E-2 visas may be granted for up to five years. As long as the business is successful (and you are able to prove this to USCIS), you may renew your E-2.   The length of time granted for an E-2 visa is subject to “reciprocity”.  This is an agreement between your home country and the U.S.  Most US Embassies will grant E-2 visas for up to five years, although some US embassies grant E-2 visas and others only for one year.
• When visas are to be renewed all holders 14 years or older must attended an interview at the U.S. Embassy in their country of origin.
• Any criminal conviction must be disclosed when you apply for your visa. Depending upon the seriousness of your conviction, it could jeopardize your ability to obtain an E-2.

It’s important that applicants understand all of the rules and regulations connected to the E-2 visa. As an immigration lawyer, I’ve found that people are often uninformed about how other visas may be used in conjunction with the E-2. Prior to applying, be sure you understand the finer points of this process.

For more information on L1 Visas, please visit the E2 Visa section of our website.

Please contact the Ranchod Law Group with offices in San Francisco, San Jose Bay Area, and Sacramento California, by email at info@ranchodlaw.com or by phone at 415-986-6186 if you have any questions regarding E-2 visas or immigration.