E-2 Visa

E-2 Visa attorney with 39 years’ experience, serving you wherever you are

  • Experienced  and Successful E-2 Visa Immigration attorney – for 39+ years – at your service

  • Personalized legal work from the attorney himself

  • Attention is given to all details. Thorough presentations are made here in our office

  • An attorney is a professional level writer and his skills make all the difference in the world

  • The attorney is a professional level writer and his writing skills give you the edge and make all the difference in the world

How do I obtain an E-2 visa?

America offers investors a certain type of immigration benefits. Firstly, many countries in the world 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. Not every country is on the E-2 visa list, so please check with your immigration attorney by calling (954) 961-6200 for a free telephone consultation. If you are from Canada, go to the Canadian tab.

 

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 who has very reasonable prices to assist the client by writing excellent five-year business plans. Alex Barak has been practicing as an E-2 Visa Attorney in Hollywood for the last 39 years, serving clients from all over the world. 

  • In addition to the above, the 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. Make sure you discuss all this with your E-2 Visa lawyer, Alex Barak.

  • Most Europeans enter the U.S. on the Visa waiver program which allows each person up to 90 days on each visit. However, this status is not convertible to any work visa. Because of this, anyone from France and most Europeans seeking an E-2 visa will be applying at the U.S. Embassy in the home country for an appointment specifically for an E-2 visa interview. For persons who may hold second passports or who operate a business in another country, that country’s U.S. Embassy can also be used. Alex Barak will direct you with every step in your E-2 visa status. He has been practicing as an E-2 Visa Attorney for 39+ years.

  • Client and family members will have to complete the online Department of State forms and to pay online Non-Immigrant Visa (NIV) fees. Make sure you discuss the entire process with us for complete guidance at every step.

  • The 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.

  • The client at the interview is usually told that the E-2 visa is approved and the passports are then delivered within a  few days.

  • The E-2 visa can be issued initially for five years to citizens of most countries, although some are for only two 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. Contact us for more information.

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Contact an experienced Immigration attorney, Alex T. Barak can help you today.

 

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