Tips for Filing a Successful E-2 Visa

Posted ByLaw Offices of Elsa Martinez

TheE-2 treaty investor visa is a non-immigrant visa, allowing foreign entrepreneurs from “treaty nations” to come to the U.S. and make investments and achieve trade activities.

Whether you are trying to start a new business or purchase a pre-existing business, investment activities are required to be substantially proportional to the total investment. In other words, more than half the total value of the enterprise or, if it is a new business, an amount typically considered necessary to establish the venture.

On the other hand, the E-2 investor visa is available to those who invest a significant amount of their own money into a U.S. business, obtaining the power to control and direct the business. Foreign nations from treaty countries who have made a considerable investment in the U.S. may qualify for the status of E-2 treaty investor.

The following are effective ways to file a successful E-2 visa petition:

  1. Make sure your business entity is set-up properly. Proper setup of a business entity includes more than just filing the company’s Articles of Incorporation, bylaws, and filing an application for a Federal Employment Identification Number (EIN). If you are not sure how to set up your business entity, it is imperative to seek legal assistance with an experienced and licensed attorney to do so for you. Many applicants feel more comfortable obtaining a skilled lawyer for the E-2 visa process.
  2. Choose what type of legal business structure is best for your business entity. The type of business structure you decide for your business entity will also affect liability and taxation. The most common business structures for the E-2 visa are corporations and limited liability companies (LLCs). It is important to consult with a certified public accountant (CPA) to evaluate the benefits and disadvantages of each type of business structure and help you choose which one is best for your specific business needs.
  3. Create a detailed business plan. E-2 visa petitioners are strongly advised to develop a business plan, which is a written document that provides an idea of the company’s strategic future. A good plan explains the goods or services you will provide to your consumers, details your assets (such as equipment and employees) and financial resources, describes your expenses, offers a three- to five-year projection that outlines your company’s plans to increase revenue, and explain how you compare to your competitors.
  4. The company is funded with the entire E investment funds. Your E-2 visa petition is more likely to be successful if the company is funded by the investment. Those who do not invest a significant amount of funds in the creation of a new business or pre-existing business are at risk of having their petition denied.
  5. Prepare a detailed statement that explains the source of investment funds. The investor must provide a comprehensive statement explaining where the investment funds come from, proving that they were not acquired through illegal/criminal means.
  6. Prepare to hire U.S. workers. The E visa was originally created to benefit the U.S. economy and American workers. The company will be required to hire U.S. workers as a means to not solely benefit the investor and his or her family.

If you are interested in experienced legal representation and guidance to file an E-2 visa,contact the Law Offices of Elsa Martinez and schedule a consultation with our Los Angeles immigration lawyer today.