Investor E Visas
The E visa can be a great way for foreign nationals not only to enter US markets, but also to secure long-term residence in the United States without having to go through the process of obtaining permanent residency.
While the requirements are many, here is a quick list.
Top 10 Things to Know About E Visas
1. E visa applicants must be nationals of a country with which the United States has a treaty of commerce and navigation. Check out the US Department of State’s list of treaty countries.
2. E-1 visas are for treaty traders. E-2 visas are for treaty investors. E1 treaty traders must be entering the US solely for the purpose of engaging in substantial international trade, either for themselves or for a foreign employer, and principally between the United States and the treaty nation from which the E-1 applicant hails.
E2 treaty traders must be entering the US solely to develop and direct an enterprise into which he has invested, or is currently investing, a substantial amount of capital.
3. For E-1 treaty traders, there is no minimum monetary value or volume for each trading transaction. While the monetary value of the trade item being traded is a relevant factor, USCIS gives greater weight to more numerous transactions of greater value.
4. For E-2 treaty investors, there is no minimum required investment. The investment need only be substantial in proportion to what it would cost to buy a business of the same nature, or start up such a business from scratch. Again, while there is no minimum investment, a good rule of thumb is a minimum investment of $100,000. The more, the better.
For more info on E2 Visa Investment Requirement, see:
- 3 Strategies for E2 Visa Foreign Investors with Insufficient Funds
- Top E2 Visa Investment Capital FAQs
- 4 Tips to Know About E2 Visa Marginality Requirements
- $100,000 or Less, Potential Small-Scale Business Models for E-2 Investors.
5. If you are in the United States in one temporary status, and want to change status to an E visa, you can apply to do so, but you should try to maintain your previously accorded status while you wait for the E visa application to be decided. Even if you applied for change of status before your original I-94 expired, you are considered out of status when the I-94 expires, even if your application for change of status is still pending. In such a case, if USCIS approves the change of status, your new E status will be backdated to the expiration of your previously accorded status. If USCIS denies the change of status, you will need to depart the United States immediately.
6. If you are in the United States in some other status and want to change to E-1 or E-2 status, you are eligible to file for premium processing, which guarantees processing of the case within 15 calendar days. The premium processing fee is $1,225. If USCIS fails to process the case within 15 days, they will return the premium processing fee.
7. Both treaty traders and treaty investors, when applying for their respective E visas, must demonstrate intent to depart the US when their status expires or terminates. This can be accomplished through a sworn statement indicating as much submitted with the E visa application.
8. Initial E visa status is granted for a maximum of two years. Extensions of such status can also be granted in maximum increments of two years. There is no limit on the number of extensions that may be granted.
9. Dependent spouses of E visa principals can obtain employment authorization in the United States.
10. Subject to certain restrictions, E visa holders can use their status to employ other people, who will receive derivative E visa status. E visa employees must possess the same nationality as the principal E visa employer.
VERDIN E2 Visa Business and Investor Group
VERDIN’s business and investor group provides help to clients wanting to establish and/or expand their operations in the United States. We have helped clients in multiple industries to include: international trade, real estate, restaurants and hospitality, technology, beauty and fashion, retail and services.
VERDIN represents clients in business planning and E visa matters involving real estate ventures, technology start-ups, business acquisitions, or new business formations. See E2 Investment Visa Potential Booming in Frisco TX Area.
Our team is especially focused on forming a strategic relationship with our clients to aid them to succeed in the early planning stages. Many of our clients retain us at early stage planning to maximize opportunities for success.
E2 Visa Business Planning
We provide international clients strategic advice on starting and operating a new venture to secure immigration benefits. We address preliminary business planning to include business modeling, legal entity selection, business plan preparation and revision; and business document preparation for incorporations and owner agreements.
We are experienced in handling complex E2 investor cases. We routinely deal with US Citizenship and Immigration Services, US embassies and consulates around the world to help our clients achieve their investor visas. We develop strategies to effectively navigate the statutory and regulatory requirements. Equally important, we stay informed on changes related to policies and procedures affecting our client’s investor cases.
In addition, we assist E2 designated businesses petition for foreign employees with special qualifications that are essential for the business.
E2 Visa Points to Know
- Plan to Succeed: The U.S. government wants to see that the foreign investor has planned for success. Accordingly, the investor should provide a detailed 5-year business plan – forecasting capacity to generate sufficient revenue to exceed minimal living standards.
- 5 Year Business Plan Assistance: Verdin will assist in creating your 5 Year Business Plan. Call 214-741-1700 or 800-656-4232; or Contact Verdin.
- Create US Job Opportunities: The foreign investor should provide evidence to show that the enterprise will create job opportunities in the U.S. By expanding jobs in the U.S. economy, the investor can increase his or her probabilities of obtaining the E2 visa.
- Provide Evidence for Income Generation: An E2 applicant is to provide evidence that the enterprise will generate significant income at a level that is above a standard living income for the total number of family members in the investor’s household.
- Provide Documentation for Source of E2 Visa Investment: If the enterprise has the capacity to generate significant income then the investor should provide such evidence. For example, if the enterprise has already generated high sales volume, then the investor should provide bank statements and Profit & Loss statements to support the declaration of high income. We advise on all strategies and tools available, such as VIBE; a free tool the U.S. government uses this tool to investigate businesses.
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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Dallas Office Address & Hours of Operation:
12001 North Central Expressway, Suite 825
Dallas, Texas, 75243
Monday – Friday: 7:00 a.m. – 4:00 p.m.
Main Number: (214) 741-1700