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  • E2 Investor Visa Attorney

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e2

E-2 visas are meant for those non-immigrants who wish to come to the United States for the purpose of investing in a business in the United States. E-2 visa holders are initially allowed a maximum stay of two years. Requests for extension of stay can be filed and may be granted for periods of up to two years each. For a current list of countries with which the United States maintains a treaty of commerce and navigation, please see the following:

https://travel.state.gov/content/visas/en/fees/treaty.html

To qualify for an E-2 (Treaty Investor) visa, an applicant must meet specific requirements:

  1. The applicant must be a national of a treaty country
  2. The applicant must have invested, or be investing, a substantial amount of capital in an enterprise in the U.S
  3. The applicant must be seeking a U.S. visa solely to develop and direct this investment enterprise. This can be proven by showing that the applicant owns at least 50% of the enterprise, or that he/she has control of the enterprise through a managerial position, etc

The USCIS considers investment to be inputting capital, by the treaty investor, into an enterprise with the intention to generate profit. Such investment can include funds or other assets. The capital must be subject to loss if the investment fails. Additionally, the treaty investor must provethat the funds were not obtained from criminal activity.

The USCIS defines a "substantial amount of capital" while keeping in mind the following:

  1. The cost of investment compared to the total cost of either purchasing an established enterprise or establishing a new one;
  2. Whether the investment is large enough to ensure the treaty investor's financial commitment to the successful operation of the enterprise
  3. Whether the investment is large enough to make it likely that the treaty investor will successfully develop and direct the enterprise

Finally, the investment enterprise must possess the present or future potential to generate more than enough profit to provide for the living expenses of the treaty investor and his/her family. Keep in mind, this new enterprise can still qualify even if it does not currently meet this requirement. In such a case that the new enterprise does not meet the requirement at the time of application, the enterprise must prove this capacity within five years of the granting of the E-2 Treaty Investor Visa.

To understand the specifics of your possibility for E2 visa, please contact us at Bhagat Law Firm. We are happy to help.

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