Immigration Lawyer explains What is a Treaty Investor Visa | Eatontown, NJ

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Immigration Lawyer explains What is a Treaty Investor Visa

WHAT IS AN E-2 VISA?

 

An E-2 visa allows business people from certain countries to work in the U.S. for a business in which people from their country have invested. People call the E-2 the next best thing to permanent residence, because of one-  the possibility of self-employment and two- the unlimited number of extensions. Plus, there are no limits on the number of E-2 visas issued each year.

I have to clarify that the E-2 Treaty Investor Visa is NOT the same as getting a green card for investors. For E-2 Visas, you will be working for a business that is at least 50% owned by other nationals of your home country. As for the Investor green card, you are the one starting a business in the US either from scratch or buying out another company. 

HERE ARE SOME OF THE ADVANTAGES AND DISADVANTAGES OF THE E-2 VISA:

You can work legally in the U.S. for a U.S. business in which a substantial cash investment has been made by you or other citizens of your home country, so long as your country has a trade treaty with the U.S. 

You may travel in and out of the U.S. or remain here continuously until your visa and status expire. As long as their E-2 treaty trader visas remain valid, foreign investors and their family members may indefinitely live outside the United States and come and go as they want.

You are restricted to working only for the employer or self-owned business that acted as your E-2 visa sponsor. 

Your initial visa may last up to five years, depending on what country you’re coming from, with unlimited, possible extensions. 

Each time you enter the U.S., you will be admitted for two years.

Visas are available for your accompanying spouse and minor children, but your children cannot work here. 

Your spouse will be permitted to accept employment in the U.S. Spouses of E-2 investors may apply for a temporary work permit or employment authorization document (EAD) in order to work in the country. This enables the spouse to work for any corporation in the country or establish a business of his or her own.

With an E-2 dependent visa, your children under the age of 21 may attend any school of their choice.

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DO YOU QUALIFY FOR AN E-2 VISA?

Here are the qualifications you will need to get an E-2 visa. 

Your Country must have treaties with the US. Legal residence is not enough. Except for E-2 applicants from the U.K., you need not be presently residing in your country of citizenship in order to qualify for an E-2 visa.

You must be coming to the U.S. to work for a business that is at least 50% owned by citizens of your treaty country. You or others may own the company.

You Must Be a 50% Owner or a Supervisor, an Executive, or a Key Employee.

The Investment Must Be Substantial. 

You or your company must have invested or invested a substantial amount in the U.S. business to successfully support an E-2 visa application. To “invest” means putting capital or assets at risk to generate a profit. You can’t invest in a nonprofit enterprise. 

The term “substantial” is not defined in the law by any strict numerical measure. What is considered substantial depends on the type of business. For example, an automobile manufacturer will have to show a more significant dollar amount of investment than a retail toy store to meet the requirement of substantial investment. 

The lower the cost of the business, the higher the percentage of funds you’ll need to invest in order to qualify.

The Enterprise Must Not Produce Marginal Profits.
U.S. immigration authorities want to make sure you’re not just establishing a minor operation to generate nothing more than a living for the owners and therefore get you an E-2 visa, so they require that the enterprise not be “marginal.” 

Your business must be able to make a significant economic contribution to the community, either right away or at least within five years of when you start. 

It Must Be a Bona Fide, Active Business. The investment must be in a for-profit business that actively produces goods or services and meets the applicable legal requirements for doing business in the state or region.

You have an Intent to Leave the U.S. E-2 visas are meant to be temporary. At the time of your application, you must intend to depart the U.S. once your business is completed. As previously mentioned, you are not required to maintain a foreign residence abroad.

When you qualify for an E-2 visa, your spouse and unmarried children below 21 can also get E-2 visas by providing proof of their family relationship to you.

 

HOW TO APPLY

How to Apply From Outside the U.S.

 

Applicants outside the U.S. must apply for an E-2 visa at a U.S. consulate in their home country. (Even you, Canadians!) The exact steps to take to apply for an E-2 visa depend on the embassy or consulate where you’re applying. You will probably need to:

  • prepare and submit an online application 
  • gather some documents and (if you’re not the principal investor) fill out another form  
  • pay the required fee, and  
  • meet with an official at a U.S. embassy or consulate.

 

How to Apply If You’re in the U.S.

 

If you are physically present in the U.S., you may apply for E-2 status without leaving the country on the following conditions:

 

  • You entered the U.S. legally and not on a visa waiver. 
  • You have never worked illegally. 
  • The date on your I-94 has not expired. 
  • None of the bars to changing status apply to you

 

If you want to discuss your case, need help on your citizenship application or your immigration journey, whether it is about getting a green card or applying for naturalization, you can leave a comment below or call us or visit our website andresmejerlaw.com and schedule an appointment. We will let you know if and how we can help.

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