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E-2 Investor Visa Attorney Services

The E-2 Investor Visa is a non-immigrant visa designed for investors from treaty countries who wish to invest a substantial amount of capital in a U.S. business, allowing them, their spouses, and children to live and work in the United States as long as the investment enterprise remains viable. Navigating the complexities of the E-2 Investor Visa process can be challenging; thus, professional attorney services are crucial in ensuring a smooth application process. 

Experienced immigration attorneys provide invaluable assistance by preparing and submitting the required documentation, offering strategic advice on investment structures, and representing clients in interactions with U.S. immigration authorities, significantly increasing the likelihood of a successful visa application and allowing investors to focus on their business ventures.

Eligibility criteria 

E-2 visa includes several key requirements:

  • The applicant must be a national of a country with which the U.S. has a treaty of commerce and navigation. This list includes countries like Canada, Germany, Japan, and the United Kingdom, among others.
  • The applicant must have invested, or be actively in the process of investing, a substantial amount of capital in a legitimate U.S. business. While there is no fixed minimum investment amount, it generally should be substantial relative to the total cost of either purchasing an established enterprise or establishing a new one.
  • The investment must be sufficient to ensure the successful operation of the enterprise, which typically means it should be enough to support the business and make it operational.
  • The enterprise must be a real and operating commercial entity producing goods or services for profit. Speculative or idle investments, such as purchasing undeveloped land, do not qualify.
  • The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, they must be employed in a supervisory or executive capacity or possess essential skills necessary for the enterprise’s operations, ensuring they play a significant role in the business.

Benefits of the E-2 Visa 

Extensive and highly attractive for potential investors:

  • It allows investors and their families (spouse and children under 21) to live in the U.S., providing an opportunity for a better quality of life.
  • The visa can be renewed indefinitely, provided the enterprise remains viable and continues to meet the visa requirements, offering long-term stability and peace of mind.
  • Spouses of E-2 visa holders can apply for work authorization, enabling them to seek employment and contribute to the household income.
  • Children can attend school in the U.S., from elementary through high school, and even pursue higher education, benefiting from the U.S. educational system.
  • The E-2 visa does not have a maximum limit on the number of renewals, allowing investors to remain in the U.S. for as long as their business continues to operate successfully.
  • E-2 visa holders can travel freely in and out of the U.S., facilitating international business operations and family visits.

Investment Amount in an E-2 Investor Visa

The E-2 Investor Visa is a non-immigrant visa that allows individuals from treaty countries to enter and work in the United States based on an investment in a U.S. business. One of the key requirements for this visa is a substantial investment. Here’s an overview of the investment amount required for an E-2 Investor Visa, based on information from authorized sources such as the U.S. Citizenship and Immigration Services (USCIS).

Definition of Substantial Investment

According to the USCIS, the investment must be substantial in relation to the total cost of either purchasing an established enterprise or establishing a new one. The term “substantial” is not explicitly defined by a specific dollar amount but is evaluated based on the following criteria:

  1. Proportionality Test: This involves comparing the amount invested to the total value of the business. Generally, the investment should be sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise.
  2. Magnitude and Scale of Business: The investment should be substantial relative to the type of business. For example, a higher amount might be necessary for businesses that require significant capital (like manufacturing) compared to those with lower startup costs (like consulting).
  3. Irrevocability of Investment: The capital must be at risk and committed to the business. This means the funds must be subject to partial or total loss if the business fails. The investment cannot be idle or uncommitted funds held in a bank account.

Typical Investment Amounts

While there is no set minimum amount required by law, historical data and practical guidelines suggest that the investment should generally fall within the following ranges:

  • Small Businesses: Typically, an investment of at least $100,000 to $200,000 is considered substantial for smaller businesses.
  • Larger Enterprises: For larger businesses or those requiring significant startup capital, investments can range from several hundred thousand dollars to over a million dollars.

Key Considerations

  1. Business Viability: The investment must be sufficient to ensure the successful operation and growth of the business. This includes having enough capital for operational expenses and initial losses.
  2. Job Creation: Although not a strict requirement, the investment should ideally lead to the creation of job opportunities for U.S. workers, which demonstrates the positive economic impact of the investment.
  3. Investor’s Financial Commitment: The investment should represent a significant portion of the investor’s personal funds. This commitment underscores the investor’s dedication to the business venture.

Role of an E-2 Investor Visa Attorney

Pursuing an E-2 Investor Visa can be complex, requiring meticulous attention to detail and an in-depth understanding of immigration laws. An experienced E-2 Investor Visa attorney plays a crucial role in ensuring your application process is smooth and successful. They provide essential services, from initial consultation to final submission, ensuring that all requirements are met and that your investment is structured correctly. Here’s a detailed look at the critical roles an E-2 Investor Visa attorney plays:

Initial Consultation and Eligibility Assessment

Eligibility Factors:

  • Nationality: The attorney verifies that you are a citizen of a country with an E-2 treaty agreement with the United States.
  • Investment: They evaluate if your investment is substantial and meets the USCIS criteria.
  • Intent to Develop and Direct Business: They assess whether you have a controlling interest in the business and the intent to develop and direct it.

Consultation Benefits:

  • Personalized Advice: Provides tailored advice based on your specific situation.
  • Risk Assessment: Identifies potential issues that could affect your application.

Business Plan Development and Review

Components of the Business Plan:

  • Investment Strategy: Detailed plan of how funds will be utilized.
  • Business Goals: Clear objectives and milestones for business growth.
  • Financial Projections: Revenue and profit forecasts for the next five years.
  • Market Analysis: In-depth research on the industry and market conditions.

Review Process:

  • Compliance Check: Ensures that the business plan meets USCIS standards.
  • Strengthening the Plan: Refines the plan to highlight business viability and economic impact.

Investment Structuring and Compliance

Investment Requirements:

  • Substantial Investment: The attorney ensures the investment amount is significant relative to the total cost of purchasing or establishing the business.
  • At Risk: Confirms that the capital is placed at risk for the purpose of generating a profit.

Compliance Measures:

  • Legal Structure: Advises on the appropriate business structure (LLC, corporation, etc.).
  • Documentation: Assists in preparing and maintaining all necessary financial records.

Document Preparation and Filing

Required Documents:

  • Proof of Investment: Bank statements, purchase agreements, and other financial documents.
  • Evidence of Nationality: Passport and other identification documents.
  • Business Licenses: Proof of business operations and licenses.

Filing Process:

  • Accurate Completion: Ensures all forms and documents are correctly filled out.
  • Timely Submission: Manages deadlines to prevent delays in the application process.

Legal Representation and Communication with USCIS

Representation Tasks:

  • Correspondence: Handles all communication with USCIS, including responding to inquiries and requests for additional evidence.
  • Interview Preparation: Prepares you for any required interviews with immigration officials.

Ongoing Support:

  • Status Updates: Keeps you informed of your application’s progress.
  • Issue Resolution: Addresses any legal issues or complications that arise during the process.

E-2 Investor Visa attorneys can navigate the complexities of the visa process with confidence, knowing that every aspect of your application is managed by a professional dedicated to your success.

Benefits of Hiring an E-2 Investor Visa Attorney

Hiring an E-2 Investor Visa attorney offers several significant advantages that can greatly impact the success and efficiency of your visa application process. Here are the key benefits:

Expertise and Experience: E-2 Investor Visa attorneys possess specialized knowledge of U.S. business immigration laws and case histories. They provide personalized, strategic guidance, anticipating potential issues and offering proactive solutions.

Streamlining the Application Process

Efficient Management:

  • Document Preparation: Attorneys handle the meticulous task of gathering and organizing all required documents, ensuring that nothing is overlooked.
  • Accurate Filing: They complete and file your application accurately, reducing the likelihood of errors that could delay the process.

Time Savings:

  • Quick Resolution: With their expertise, attorneys can expedite the resolution of any issues that arise, keeping your application on track.
  • Delegation: By managing the application process, attorneys allow you to focus on your business and other responsibilities.

Increasing the Chances of Approval

Thorough Preparation:

  • Strong Application: Attorneys ensure that your application is comprehensive and compelling, presenting your investment and business plan in the best possible light.
  • Supporting Evidence: They help you gather and present robust evidence to support your eligibility and the merits of your investment.

Representation:

  • Communication with USCIS: Attorneys handle all correspondence with USCIS, providing clear and concise responses to any requests for additional information.
  • Interview Preparation: They prepare you for any required interviews, increasing your confidence and readiness to present your case.

Handling Complex Legal Issues

Legal Challenges:

  • Attorneys ensure that your investment and business activities comply with all relevant regulations and laws.
  • They are equipped to handle any legal disputes or challenges that may arise during the application process.

For comprehensive legal assistance with your E-2 Investor Visa, consider consulting Sweta Khandelwal. With her specialized expertise in immigration law, she can help streamline your application process and increase your chances of success.

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Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.

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