Florida E-2 Visa Attorney Serving Canadians
Canadians, do not hesitate. Live your dream life in warm and sunny Florida. You and your family deserve it.
E-2 Visa
America offers investors certain types of immigration benefits. Firstly, many countries in the world, including Canada, have a special arrangement with America for the E-2 visa, which allows a person who opens up a business in the U.S. and places about $100,000.00 at risk to have the opportunity to have an investor visa, which can be valid and renewed indefinitely, as long as the business remains operational. The spouse and children under 21 also receive an E-2 visa. The spouse can also apply for and obtain a work permit. This visa has no direct path to a green card, but proper structuring and maintaining a multinational corporate structure can lead to a green card under the multinational executive/manager category
E-2 visa requirements:
The investor is a national of a country with whom the U.S. has the requisite treaty or agreement
The alien (or in the case of an employee of a treaty investor who seeks classification as an E-2, the owner of the treaty enterprise) will direct or develop the enterprise. The alien must demonstrate that he controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means; The investor has invested in or is actively in the process of investing in the enterprise;
The investment is substantial, i.e. sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;
The investment enterprise is not a marginal enterprise;
If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.
That the applicant intends to depart the U.S. upon the expiration of E-2 status
The investor, either a real or corporate person, must be a national of a treaty country;
The applicant has invested or is in the process of investing
The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with assets of the investment enterprise are not allowed; and
The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;
The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;
The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;
The applicant is in a position to “develop and direct” the enterprise
The client must have a comprehensive business plan. Alex Barak has access to an independent and excellent business plan writer whom has very reasonable prices to assist the client by writing excellent five-year business plans.
In addition to the above, applicant must provide a document-linked history of the funds to provide clear and unquestionable proof of the money’s legal sources. Tax returns, income statements, bank account statements, brokerage account statements can be used for this purpose. Inheritances and gifts from family members are acceptable sources of funds.
Many Canadians seeking an E-2 visa will be interviewed at the U.S. Consulate General in Toronto.
Alex Barak will direct you with every step in your E-2 visa status.
Client and family members will have to complete online Department of State forms and to pay online Non-Immigrant Visa (NIV) fees.
Client will cooperate with the attorney and gather and assemble all documents needed for this category. The attorney will prepare and send in advance a comprehensive presentation which will be thoroughly reviewed and inspected by a Non-Immigrant Visa/E-2 specialist. The attorney will communicate with the U.S. Embassy/Consulate, as necessary, to discuss and conclude the client’s intended successful process.
A Canadian client in Canada will need to go to the U.S. Consulate General in Toronto for an appointment specifically for an E-2 visa interview. The U.S. Consulate General in Toronto handles all company registrations for E-1 and E-2 (Treaty Trader and Investor) visas in Canada. Employees of enterprises not previously registered at the Consulate General in Toronto must schedule their E-visa interviews in Toronto. If a company’s registration has expired, the employee (whether previously issued an E visa or not) must also apply for their visas in Toronto.
The U.S. Embassy in Ottawa and the U.S. Consulates General in Toronto, Vancouver, Calgary, and Montreal since February 2016 offer E-1 and E-2 visa appointments for employees of companies with valid registrations and their dependents.
E-visa company registration indicates that a U.S. Consular Officer in Canada previously determined that a company had met E-visa standards on a prior application. Registered companies are given a Notice of E-Visa Company Registration when an investor or employee of a qualifying enterprise is issued an E-visa.
During the registration period, if the treaty enterprise seeks to send additional employees to the U.S. on an E-visa, those employees may apply under the procedures outlined for “Employees of Registered Companies.” Unless there have been substantive changes to the enterprise that would jeopardize its E-visa status, subsequent applications can focus on whether and how a given employee qualifies for an E-visa as the owner, manager or essential employee of a registered E-visa company. If there have been substantial changes in the company’s ownership structure or operations since the registration notice was issued, the Consular Officer may require additional corporate documents to ensure the treaty enterprise still qualifies. If the company’s registration is set to expire, the next applicant from the company should follow the instructions for “New Cases” to seek re-registration for the company. The U.S. consulates in Canada will only register a company in the context of a visa application.
The client at the interview is usually told that the E-2 visa is approved and the passports are then picked up within a day or two.
The E-2 visa can be issued initially for five years and can be renewed indefinitely as long as the business continues to be actively operated in full compliance with American laws.
The E-2 regulations require the applicant to have an “intention” to return to his home country. This intent must be placed into writing. The applicant can never state he/she intends to live in the USA permanently.
When comparing an E-2 visa to an L-1, the E-2 provides up to five years to start. A new business opened in the U.S. as a subsidiary will provide only a one-year L-1A visa to start with the ability to obtain up to three two-year extensions. Each extension requires a high quantity of documents and the U.S. is seeking to ensure the subsidiary has at least five persons on the full-time payroll of the company by the end of the first year.
With an E-2, one has up to five years before seeking an extension and there is no requirement of absolutely having at least five persons on the full-time payroll.
Canadians, do not hesitate. Live your dream life in warm and sunny Florida. You and your family deserve it.
Contact an experienced Immigration attorney, Alex T. Barak can help you today.
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