This nonimmigrant visa allows a non-U.S. citizen who controls a substantial investment to work inside the country. The U.S. Citizenship and Immigration Services (USCIS) requires an E-2 visa applicant to submit extensive documentation to prove their investment in a bona fide enterprise. To be eligible for an E-2 investor visa, the applicant must be from a treaty investor country that has reciprocity with the U.S. A minimum investment of $100,000 is initially required. Applicants are required to demonstrate that the investment will support operating the business, so the USCIS uses a sliding scale appropriate to the business and its needs to determine the sufficiency of capitalization. An E-2 visa is usually renewed every two years and there is no limit on the number of times it can be renewed. With an E-2 visa there are no restrictions on leaving or re-entering the country.
Because immigration law is complex, there’s a greater chance you’ll overlook something, as opposed to an E-2 Visa lawyer who handles these matters for a living. Don’t risk it.
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An E-2 Visa lawyer will be able to confirm you’re applying for the most viable visa. Also, legal advice can provide you with the necessary steps to prolong your stay.
What is a bona fide enterprise?
A bona fide enterprise is a real, active commercial or entrepreneurial undertaking which produces services or goods for profit. The enterprise cannot be an idle investment held for potential appreciation in value, such as stocks held by an investor who has no intent to direct the enterprise.
How does the USCIS define an “investment?”
An investment is the placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.
May a treaty investor work for a subsidiary or parent company?
Yes, as long as: 1) the relationship between the organizations is established; 2) the subsidiary employment requires executive, supervisory, or essential skills; 3) and the terms and conditions of employment have not otherwise changed.
What is an EB-5 Immigrant Investor Visa?
It’s a visa similar to an EB-2. This visa requires at least a $1 million dollar investment (or at least $500,000 in a high unemployment or rural area). This program allows entrepreneurs, their spouses, and unmarried children under age of 21 to apply for a Green Card if they make the necessary investment in a commercial enterprise within the U.S. and they plan to create or preserve ten permanent full-time jobs for qualified U.S. workers. The immigration attorneys on LawTrades can assist foreign entrepreneurs with applying for an EB-5.
What is a Request for Evidence (RFE)?
An RFE is made when the USCIS determines that an application needs additional documentation / evidence to determine an applicant's eligibility for the benefit sought. The request will indicate what evidence or information is needed for authorities to fully evaluate an application or petition. The immigration attorneys on LawTrades are available for hosting businesses and applicants who need assistance answering an RFE.
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