Someone prepared to invest substantial capital in a U. S. business may receive an E-2 visa to enter the U.S. for the purpose of directing and developing that business. Applicants will need to demonstrate their qualifications properly to receive E-2 status.
An experienced Bolingbrook E-2 visa lawyer could help prepare a business plan that shows how the applicant’s operation meets the requirements for the grant of an E-2 visa. Guidance from a knowledgeable immigration lawyer familiar with business visa requirements could help improve the efficiency of the application process and resolve potential difficulties before they can cause delays.
Basic Facts About the E-2 Visa
An E-2 visa is often called a treaty investor visa in Bolingbrook because it requires both a valid treaty and a significant investment. E-2 visas are temporary nonimmigrant visas generally valid for only two years. However, the holder of an E-2 visa may request an extension of the visa with no limit on the number of extensions. The visa thus can be compared to a permanent visa in many respects.
Immediate family members of a treaty investor with an E-2 visa may also obtain a visa, and spouses may be permitted to work legally in the U.S. In addition, employees of a treaty investor may also receive an E-2 visa if they are engaged in supervisory duties or have “special qualifications.” An E-2 visa lawyer in Bolingbrook could help demonstrate that an employee meets the qualifications for a derivative visa.
Overall Qualifications for an E-2 Visa
The general qualifications for an E-2 treaty investor visa appear deceptively simple. An applicant must be from a country with an appropriate trade agreement with the U.S., must be investing a substantial amount of money in a business enterprise in the U.S., and must seek to enter the U.S. to direct and develop that enterprise. However, each aspect of these general requirements includes specific definitions that are interpreted strictly by the U.S. Citizenship and Immigration Services reviewing an E-2 visa application.
Bona Fide Enterprise
To qualify for an E-2 visa, the applicant must be investing in and developing a “bona fide enterprise.” The business must produce goods and services for a profit and must meet legal requirements to do business in the jurisdiction where the company operates. If a business does not have the ability to generate sufficient income to provide a living for the investor, it may be considered “marginal” and thus not eligible for an E-2 visa.
Businesses that are just getting started are expected to be able to meet the income threshold within five years. A Bolingbrook E-2 visa attorney could prepare documentation showing how a business does or will soon generate enough income to qualify as a bona fide enterprise.
The investor seeking an E-2 visa must have already invested or be in the process of investing “substantial capital” in the bona fide enterprise. When considering whether an investment is substantial, the amount is compared to the total cost of buying an existing business or establishing a new one. The investment must be great enough to show the investor’s commitment to the success of the business.
Work with a Bolingbrook E-2 Visa Attorney
Careful preparation can be the key to success when applying for an E-2 visa. Creating a business plan to show the depth of investment and demonstrate your commitment to the enterprise could increase the likelihood of a successful outcome.
A dedicated Bolingbrook E-2 visa lawyer could assist in all phases of the application process and investigate to resolve any difficulties that may arise. To talk to an immigration lawyer about the advantages available in your situation, call today for a consultation.