Orange County E-2 Visa Attorney
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Are you a citizen of a treaty country who wants to invest in a business in the U.S. and have the chance to temporarily live in the U.S.? If so, the E-2 Treaty Investor visa may be what you’re looking for. This non-immigrant visa category allows individuals from certain countries to come to the U.S. to direct and manage the operations of a business in which they have invested, or are in the process of investing, a substantial amount of capital.
What Is an E-2 Visa for Treaty Investors in the U.S.?
The E-2 Treaty Investor visa is designed for individuals from countries that have a treaty of commerce and navigation with the United States (Treaty Countries). This visa allows entrepreneurs to come to the U.S. to develop and direct a business in which they have invested, or are actively in the process of investing, a substantial amount of capital.
Why Hire Evolution Tax and Legal To Help With Obtaining Your E-2 Visa?
The amount of documentation required to apply for an E-2 Visa is complex and extensive. Working with an Orange County E-2 visa lawyer would minimize the chances and occurrence of mistakes. It will save you time, effort, and energy, making sure everything is organized and clear for the Consulate/Embassy or USCIS to review and analyze your request for the E-2 Visa.
A qualified E-2 visa attorney can help you determine if you meet the eligibility requirements for an E-2 visa and can help you gather and prepare the necessary documentation for your visa application. He or she can help you complete the visa application and any necessary forms accurately and thoroughly, which can increase your chances of obtaining the visa and also can help you prepare for any interviews or other required procedures as part of the visa application process. A lawyer can also provide you with advice and guidance on how to maintain your nonimmigrant status while in the United States.
Also, you will need to engage different professionals to evaluate U.S. business opportunities for the E-2 visa application, how to open, manage, and maintain your business, such as accountants, professional business planners, etc. A well-prepared Orange County E-2 visa lawyer can help you connect with these professionals through his or her professional network. This will help you develop a compelling case strategy and increase or chances to have your E-2 Visa approved.
E-2 Visa Benefits
- Flexibility: The E-2 visa allows you to live and work in the United States for an extended period of time to manage and develop your business
- Spouse and children: Your spouse and unmarried children under 21 years of age may accompany you to the United States on dependent visas and may study or work in the U.S. This can be especially valuable for families who wish to live and work together in the United States, as it eliminates the need for multiple immigration applications and allows for a more cohesive family unit. It also provides greater flexibility for your dependents, as they may pursue their own educational or career goals while accompanying you in the United States.
- No quotas or restrictions: Unlike some other immigration visas, the E-2 visa is not subject to annual quotas or restrictions, making it a flexible option for business owners and entrepreneurs.
- Reduced processing time: Compared to other immigration visas, the E-2 visa typically has a shorter processing time, allowing you to begin your business operations more quickly.
- Length of stay: The E-2 Treaty Investor visa is typically granted for a five-year period and can be renewed indefinitely as long as the business continues to qualify for the E-2 visa and the treaty investor remains in good standing. Although the E-2 visa is not a path to permanent residence, some E-2 visa holders may choose to apply for a different type of visa in the future, such as the EB-5 Investor visa.
E-2 Visa Requirements
To qualify for the E-2 Treaty Investor visa, your business must meet the following requirements:
- Substantial investment: Your investment in the business must be substantial enough to ensure its successful operation.
- Active enterprise: Your investment must be in a real operating company, not just an idea or speculation. You must provide documentation to the USCIS demonstrating the active operation and commercial activity of your business.
- Ownership: You must have an ownership interest in the business and control over the funds invested.
- Control and direction of funds: You must have control over the funds you have invested and the ability to direct their use.
- Business management skills: It is important that you have business skills and experience to direct and develop the enterprise. No specific educational degrees or professional certifications are required to apply for an E-2 visa. However, the USCIS may consider an applicant’s education and professional experience as evidence of their business skills and ability to successfully manage the enterprise.
- Presence in the U.S. for business purposes: You must be coming to the U.S. to actively direct, manage, and develop the business, and you may not work for any other company while doing so.
- Significant economic benefit to the U.S.: The business must provide a significant economic benefit to the United States.
- Non-immigration intention: One important condition for those holding an E-2 Visa is the requirement to maintain a foreign residence. This means that an E-2 visa holder must have a permanent and ongoing residence in their home country that they have no intention of abandoning.
What Constitutes a ‘Substantial Investment’ for E-2 Treaty Investor Visas?
The amount of money that the USCIS considers to be “substantial” for E-2 visa purposes varies depending on the type and size of the business. What is considered substantial is determined on a case-by-case basis. Generally, a substantial investment is considered to be one that is sufficient to ensure the successful operation of the business and is proportional to the total cost of purchasing an established business or establishing a new one. This means that the amount of investment required for a small, home-based business may be much less than that required for a large, commercial enterprise.
It is important to note that the investment must be at risk, meaning that the investor must have a commitment to the enterprise and be willing to lose their investment if the business fails. Additionally, the investment must be made with the intention of generating a profit.
E-2 Treaty Countries
According to the U.S. Department of State Bureau of Consular Affairs, the following countries have trade treaties with the U.S.:
- Bosnia and Herzegovina
- China (Taiwan)
- Congo (Brazzaville)
- Congo (Kinshasa)
- Costa Rica
- Czech Republic
- Korea (South)
- Slovak Republic
- Sri Lanka
- Trinidad & Tobago
- United Kingdom
E-2 Visa Application Process
To apply for the E-2 Treaty Investor visa, you will need to follow these steps:
- Determine your eligibility: Check to make sure that your home country has a treaty of commerce and navigation with the United States and that you meet the criteria for the E-2 visa.
- Invest in a business: Invest a substantial amount of capital in a business that meets the criteria for the E-2 visa.
- Prepare the required documents: You will need to gather a variety of documents to support your visa application, including evidence of your investment, financial statements, business plans, and proof of your nationality.
- Submit your visa application: Submit your visa application to the U.S. embassy or consulate in your home country, along with the required documents and fees. You may be eligible to apply for a change of status while in the U.S.
- Attend an interview: You may be required to attend an interview to discuss your visa application and answer any questions.
Schedule a Free Consultation With an E-2 Visa Lawyer in Orange County, CA
Visa applications are a complex process that requires experienced professionals. It is a long-term relationship and as such is essential to choose wisely who will guide you in this path. Evolution Tax & Legal has a complete and competent team of E-2 visa attorneys in Orange County with experience in immigration, corporate and tax law in addition to having a network of external professionals who have covered everything you need for a complete and solid E-2 Visa case. We offer free initial consultations to determine if you have a strong case for applying for an E-2 visa.