E-2 Treaty Investor Visa | E2 Visa Attorney | Eatontown, New Jersey

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E-2 Treaty Investor Visa

New Jersey E-2 Visa Lawyer

When someone puts money into a business, they want to know how it performs. Crucial to this is their access to on-the-ground operations. Luckily, the government of the U.S. has dedicated a nonimmigrant visa (known as an E-2 visa) for foreign nationals who invested a substantial amount in the U.S. to legally enter the U.S. for a certain time. Certain employees may also benefit from this if their roles are crucial in the enterprise’s operations.

Andres Mejer Law’s E-2 visa attorney provides excellent legal assistance to those seeking an E-2 visa. Our years of immigration knowledge and practice ensure that we can offer you the necessary information and guide you on your E-2 visa journey.

To get quality legal services, don’t hesitate to contact our NJ immigration attorneys right away.

Why do I Need a Visa Attorney for an E-2 Visa?

Some may wonder why you should hire an attorney for an E-2 visa. The solution is found in the intricacies of immigration regulations and the accompanying documentation required.

Hiring an experienced E-2 visa attorney will assist you in determining where to begin and how to reach your objective. They can give you the necessary legal assistance for your application. Furthermore, if you have encountered a legal stumbling block, then expect that there is someone to assist you.

Our E-2 Visa Attorney has years of expertise in assisting clients with their immigration concerns which range from

Our law firm also assists New Jersey residents with criminal defense

We have spent years studying the laws about immigration. Hence, making us more qualified to help you.

Our approach is more personal, as each case is unique and necessitates the use of distinct legal strategies. Our attorneys can work around any legal roadblocks in your case. But, regardless of your situation, we can guarantee you only one thing: you will receive quality legal services.

What is an E-2 Visa?

E2 Visa Attorney This nonimmigrant visa category permits those prepared to invest a significant amount of money to lawfully work and reside in the United States for a set length of time.

It is available to foreign nationals whose country has a treaty of commerce with the United States. This also applies to certain employees of the said investor, which means that a particular employee can get this kind of nonimmigrant visa.

It also permits you to travel in and out of the United States within the time limit for your stay.

Moreover, applicants who qualify for this visa classification are granted a maximum of two years to stay in the United States legally. Fortunately, you can request an extension of your stay, which has no limits.

Keep in mind that this is a nonimmigrant visa. This implies that it does not immediately provide you with the opportunity to obtain a green card.


Who Qualifies for this Visa?


As an investor, you must have the following:

Your country must have an investor treaty with the United States.

This is one of the stringent requirements that your country must meet. To be eligible for an E-2 visa, your country must have a treaty of commerce and navigation with the United States. It also includes the United States, a signatory to an international qualifying agreement or has been designated as a qualifying country by legislation.

To know if your country has a treaty with the U.S., go to the U.S. Department of State’s website.

Must have invested or currently investing a substantial amount.

It should be emphasized that the term “invest” refers to putting money or assets at risk to make a profit. This means that nonprofit enterprises are not allowed.

Furthermore, the need to invest a substantial amount may depend on the sort of business you have. Suppose the kind of business is a retail store. In that case, it is expected that the investment will not show that much dollar, as opposed to enterprises such as vehicle manufacturers, which must show a higher amount of investment.

The enterprise must not produce marginal profits.

Marginal profit is the enterprise’s ability to create more than enough money to provide a basic lifestyle for the treaty investor and their family.

A business should be able to create a meaningful economic contribution to the country or locality, either immediately or within five years of its inception.

Must be an active business

The investment should go to a for-profit company that actively produces goods or provides services. It must also comply with all applicable legal standards for conducting business in the state or area. Thus, investments in nonprofit endeavors such as stocks, bonds, and real estate will not be considered in an E-2 visa application, for it is not considered an “active” investment.

As an employee, you must have the following:

  • You must have the same nationality as the owner of the business.
  • The said owner/investor must own at least 50% of the business.

The owner or investor you work for must be either living outside the United States and qualified for applying for an E-2 visa or living inside the U.S. with E-2 or other nonimmigrant visa classification.

Your position must either be executive, supervisory, or an essential employee. 

Remember that not all jobs or employees can benefit from an E-2 visa; only those with an executive or supervisory responsibilities are eligible. These duties must give the employee the control and responsibility needed for the company’s entire operations or a substantial component of it. Remember that your skills, experience, salary, and title will all be considered.

In addition to the skilled jobs, those jobs with special qualifications are included in the E-2 visa. This refers to the skills that an employee possesses that are essential to the enterprise’s operations.

These so-called important employees are subject to review and approval by the USCIS. If the USCIS deems that these skills are common and can be found in the U.S. labor force, then you will most likely not be entitled to an E-2 visa.


How does the Application Process Work?


To determine how you can start your visa application process, you must look at where you are applying – outside or inside the United States.

Applying from Outside the United States

If you plan to apply outside, you must do it at your local U.S. consulate. However, the processes for applying may differ depending on where the U.S. Consulate you will use. However, the standard steps are as follows:

  • Completing the DS-160 form. The initial step is to complete and submit this form, which you may do online at the Consular Electronic Application Center. You will be asked some questions about your travel itinerary or your resume or curriculum vitae.
  • Pay the application fee.
  • Obtaining supporting documentation. You will be requested to gather supporting documentation for your application, such as evidence of nationality (for you or the business owner), proof that you are a key employee, proof of the existence of an active business, and so on.
  • Attending the consular interview. During a consular interview, you will most likely be asked questions about the information on your application form and the supporting documents attached to it. You may also be asked how long you intend to stay in the United States.

Applying from the United States

You can apply for an E-2 visa if you are physically present in the United States, but you must not have entered the country illegally. The steps you should take are as follows:

  • Change of Status Application. For your status to be classified under the E-2 visa, you must fill out the necessary forms, such as form I-129. You will also be asked to attach certain documents like cover letters.
  • Mail the change of status application.
  • Wait for the application decision. After a few weeks, you’ll be notified if your application was approved or denied. If it is approved (Form I-797 Notice of Action), it will include a receipt for fees and an immigration number.


Start your E-2 Visa Journey with our E-2 Visa Attorney Now!

An E-2 visa gives you the chance to manage your business or investments personally in the United States. We want to help get this opportunity.

As an immigration law firm in New Jersey, we have dedicated ourselves to providing quality legal aid to people like you.

We have strongly advocated for our clients for whatever immigration case or matter they have. If you are ready to begin your E-2 visa journey, please get in touch with us right away so that we can set up a one-on-one meeting.