E-2 Visa Process – Key Component

| Intent to Depart

By Isaul Verdin, VERDIN Founder and Managing Partner 

The U.S. government generally does not make it too complicated to fulfill the “intends to depart the United States upon the expiration or termination of treaty investor (E-2) status” requirement.

However, it is still important for foreign entrepreneurs to remain mindful of this key component of the E-2 visa process.

Three key points on the E2 Visa Intent to Depart requirement to ensure a smooth visa process:

1. Prepare a clear and concise statement indicating the purpose of seeking the visa. Also, make it clear that upon reaching the entrepreneurial objectives, the foreign investor will make arrangements to depart the U.S. and return to his or her country.
2. Present evidence of property ties to the home country. For example, the foreign investor should present evidence that he or she owns real estate or personal property in the home country. This type of evidence would suggest that the foreign investor does not intend to abandon property.
3. Lastly, if available, the E-2 visa applicant should present evidence of family ties in the home country through birth certificates.
   Again, this evidence would suggest that the E-2 applicant does not intend to forever abandon the home country because of the family connections.

In summary, do not neglect the “intend to depart” requirement.

This attainable requirement provides an opportunity to the E-2 applicant to impress the U.S. government officer with his or her understanding of the law through a properly organized case.

What is Intent to Depart?

From https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

Qualified treaty investors and employees will be allowed a maximum initial stay of two years.  Requests for extension of stay may be granted in increments of up to two years each.  There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted.  All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of re-admission when returning to the United States.  It is generally not necessary to file a new Form I-129 with USCIS in this situation.

Terms and Conditions of E-2 Status

A treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted.  An E-2 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:

. Relationship between the organizations is established
. Subsidiary employment requires executive, supervisory, or essential skills
. Terms and conditions of employment have not otherwise changed.

See 8 CFR 214.2(e)(8)(ii) for details.

USCIS must approve any substantive change in the terms or conditions of E-2 status.  A “substantive change” is defined as a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event which affects the treaty investor or employee’s previously approved relationship with the organization.  The treaty investor or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty investor or affected employee.  The Form I-129 must include evidence to show that the treaty investor or affected employee continues to qualify for E-2 classification.

It is not required to file a new Form I-129 to notify USCIS about non-substantive changes.  A treaty investor or organization may seek advice from USCIS, however, to determine whether a change is considered substantive.  To request advice, the treaty investor or organization must file Form I-129 with fee and a complete description of the change.

See 8 CFR 214.2(e)(8) for more information on terms and conditions of E-2 treaty investor status.

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E2 Visa or Immigration Questions? Please Contact VERDIN Law

Isaul Verdin has extensive experience advising multinational companies and entrepreneurs on complex US immigration matters involving investments.

Mr. Verdin focuses on advising companies on structuring entities, acquisitions, and strategic expansion to satisfy US immigration E-1, E2, L1A, L1B, or EB-1 objectives in a variety of fields. These business opportunities include real estate, aviation, technology, manufacturing, retail, luxury goods, and professional services. Additionally, he litigates deportation defense matters throughout the US.

VERDIN boasts a combined 70 years of experience in immigration law. Since its inception, VERDIN has gained a reputation for prevailing in even the most complicated immigration matters.

“As a Board Certified, Immigration Lawyer (Texas Board of Legal Specialization) with over 17 years of experience, my passion is immigration law. We will listen to your concerns, answer all your questions, and expertly guide you through your immigration process.” ~ Isaul Verdin, Founder and Managing Attorney

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