Categories
Country Specific E-2 Tips

E-2 Visa for Singapore Citizens

For Singaporean investors who have their eyes set on carving a prominent business niche in the United States, the E-2 Investor Visa is a remarkable proposition. As a non-immigrant visa category, it is extended to nationals from treaty countries, inclusive of Singapore, enabling these investors to channel a considerable capital amount into a U.S. enterprise and helm its operations. In this blog post, we delve into the specifics of the E-2 Investor Visa, customized for Singaporean investors, elucidating its qualifications, perks, and the steps involved in the application procedure.

A Closer Look at the E-2 Investor Visa

Primarily intended for foreign nationals with a plan to inject a significant amount of capital into a U.S. enterprise, the E-2 Investor Visa accords visa holders the privilege to live in the U.S. and oversee and steer the business. What’s more, it provides the chance for unlimited renewals provided the business remains in operation.

E-2 Visa Qualifications for Singaporean Investors

For Singaporean investors to be eligible for an E-2 visa, the following critical conditions must be met:

Substantial Investment: Investors are required to invest a substantial amount of capital into a U.S. enterprise. Although a fixed minimum isn’t stipulated, the investment should be consequential relative to the total cost of the enterprise.

Managerial Control: The investor must own at least 50% of the enterprise or exercise control through a managerial role or a similar corporate agreement.

Non-Marginal Enterprise: The enterprise should extend support beyond the investor and their family, and should wield a significant impact on the U.S. economy, a point effectively made by generating notable jobs.

The Emphasis on Job Creation

Though not mandated by the E-2 visa regulations, creating substantial jobs serves as an effective way to show that your business is not marginal and that it meaningfully contributes to the U.S. economy. Full-time jobs that offer sustainable wages and make a positive contribution to the local economy are viewed favorably.

Treading the E-2 Visa Application Process for Singaporean Investors

With your investment in a viable U.S. business venture in place, you can begin the E-2 visa application process. As a Singaporean investor, you can apply directly at the U.S. Embassy in Singapore. Alternatively, if you’re presently in the U.S. under a legal status, you may be eligible to apply for a change of status with the U.S. Citizenship and Immigration Services (USCIS).

Your application must include evidence of your Singaporean nationality, detailed documentation of your investment, specifics about the business operations, and a comprehensive business plan. Owing to the complexities of the E-2 visa process, it is wise to engage the services of a skilled immigration attorney.

The E-2 Investor Visa is a rewarding opportunity for Singaporean investors looking to make a substantial contribution to the U.S. economy. By comprehending the visa’s qualifications and accentuating the pivotal role of major investment and job creation, you can pave the path to operating a successful U.S. business.

Disclaimer: This blog post is offered for informational purposes only and should not be interpreted as legal advice. Always consult with an experienced immigration attorney based on your unique circumstances for personalized guidance.

AWARD-WINNING LAW FIRM

$500+
Million

of revenue our clients have achieved from their U.S. business

$140+
Million

in client investments with visa approvals

20+
Years

focused experience in the E-2 visa

10+ Years
of Awards

of receiving the Clients’ Choice Award by Avvo

How are we different?

Our exclusive focus allows us to provide in-depth knowledge, experience, and tailored solutions to our E-2 clients. In other words, we give real answers to a variety of business, visa, logistical challenges that go beyond manuals and regulations.

Real
Strategies

that hundreds of clients have used for E-2 approval

Actual Knowledge & Experience

all team members have real E-2 experience and knowledge

Step-By-Step Guidance

detailed instructions (how tos & tips) that go beyond a generic checklist

Referral Network

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E-2 Visa for Taiwanese Citizens

In the realm of global commerce and opportunity, the United States stands as a beacon, drawing entrepreneurial spirits from around the world. Among these are Taiwanese nationals, who, in recent years, have increasingly utilized the E-2 Investor Visa to establish a diverse range of businesses on American soil. This trend raises the question: what makes the E-2 visa pathway so appealing to Taiwanese entrepreneurs?

1. Economic and Political Climate:

First and foremost, the decision for many Taiwanese entrepreneurs to invest in the U.S. relates to the economic and political atmosphere in their home country. With ongoing tensions across the Taiwan Strait and the threat of political instability, there is a palpable push for alternatives that offer stability for both personal and business growth. The United States, in this context, provides an environment that is politically stable and has structured, reliable commercial laws, making it a promising landscape for investment.

2. Access to a Larger Market:

The Taiwanese market, while significant, cannot compare with the expansive consumer base and geographic reach of the U.S. Taiwanese entrepreneurs are often drawn to the vast opportunities afforded by the U.S. market, offering a more significant scale for growth, diversification, and increased profitability. From tech startups to traditional businesses, the American market offers a landscape ripe with opportunity, driven by consumer demand and a culture of innovation.

3. Educational Opportunities:

Family often plays a crucial role in the decision to migrate. The U.S. is renowned for its world-class educational institutions, and for Taiwanese families, the E-2 visa provides an opportunity for their children to access high-quality education from K-12 to university. This aspect, coupled with broader cultural exposure, positions their children for a bright, globalized future.

4. Quality of Life:

The pursuit of a higher quality of life is a strong motivator. Beyond the business aspect, the U.S. offers Taiwanese immigrants a diverse societal structure, a clean environment, and a high standard of living. The potential for more considerable personal space, both physically in terms of housing and environment, and metaphorically concerning entrepreneurial freedom, is a significant draw.

5. Strong Bilateral Relations:

The U.S. and Taiwan share robust bilateral relations, with cooperative agreements spanning various sectors. This strong diplomatic relationship has facilitated smoother navigation through the necessary legal and bureaucratic channels for Taiwanese investors. The supportive stance of the U.S. government towards Taiwanese investors creates a conducive atmosphere for business operations.

6. Innovation and Technological Advancement:

Taiwan is a global leader in several high-tech industries. However, the U.S. leads in technological adoption and innovation, providing Taiwanese tech entrepreneurs with a playground of possibilities. The opportunity to be at the forefront of technological advancements and to operate within a culture that celebrates innovation is immensely attractive.

7. Community Support:

With thriving Taiwanese communities in various U.S. cities, new immigrants find a sense of community and belonging. These networks are instrumental in helping new arrivals settle in, providing a support system, and offering a platform for cultural exchange and mutual assistance among Taiwanese business owners.

8. Strategic Position for Global Business:

For Taiwanese businesses looking to expand globally, having a presence in the U.S. opens the doors to the rest of the world. It enhances brand prestige and credibility, provides access to international markets, and facilitates global partnerships and opportunities that might not be as accessible when operating solely from Taiwan.

9. The E-2 Visa Advantage:

The E-2 visa itself comes with several benefits, making it an attractive option:

  • Quicker Processing Times: Unlike other immigration pathways, the E-2 visa can be processed relatively quickly, allowing for timely entry and setup.
  • Spousal and Family Inclusion: The visa permits immediate family members to accompany the entrepreneur, with work authorization for the spouse.
  • Flexibility: There’s no minimum investment required; what’s “substantial” depends on the business type. This aspect, plus the visa’s extendable nature, offers considerable flexibility.

Conclusion:

The surge in interest from Taiwanese nationals towards the E-2 Investor Visa is multifaceted, reflecting both the search for stability and an unyielding drive for growth and global competitiveness. The U.S., with its economic dynamism, cultural diversity, and quality of life, stands as an attractive destination for Taiwanese entrepreneurs.

Navigating this route requires a deep understanding of the legal, cultural, and operational nuances of the U.S. market. For Taiwanese entrepreneurs, the journey does not end with obtaining the visa but begins with it. It’s the start of a journey of integration, growth, and potentially significant contributions to the U.S. economy and the tapestry of its business landscape.

As ties between the U.S. and Taiwan continue to strengthen, it is anticipated that more Taiwanese investors will leverage the opportunities presented by the E-2 visa, further enriching the U.S. economy and adding to the vibrant cultural and entrepreneurial mix of the country.

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.

AWARD-WINNING LAW FIRM

$500+
Million

of revenue our clients have achieved from their U.S. business

$140+
Million

in client investments with visa approvals

20+
Years

focused experience in the E-2 visa

10+ Years
of Awards

of receiving the Clients’ Choice Award by Avvo

How are we different?

Our exclusive focus allows us to provide in-depth knowledge, experience, and tailored solutions to our E-2 clients. In other words, we give real answers to a variety of business, visa, logistical challenges that go beyond manuals and regulations.

Real
Strategies

that hundreds of clients have used for E-2 approval

Actual Knowledge & Experience

all team members have real E-2 experience and knowledge

Step-By-Step Guidance

detailed instructions (how tos & tips) that go beyond a generic checklist

Referral Network

access to our private network of referrals who understand how to work with E-2 clients

More About Our Services

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Categories
Country Specific E-2 Tips

E-2 Visa for Pakistan Citizens

In the realm of global mobility, the United States remains an attractive destination for entrepreneurs worldwide, with the E-2 Investor Visa serving as a gateway for investors to explore prolific business avenues. Among the international enthusiasts, Pakistanis represent a keen demographic exploring this route for a multitude of compelling reasons. This piece delves into the specific motivations driving Pakistani entrepreneurs to the U.S. and the unique aspects making the E-2 visa a favorable option for them.

1. The Lure of the American Market:

The primary magnetism of the U.S. for Pakistani investors lies in its unparalleled market size, economic diversity, and consumer spending power. Entrepreneurs with ambitious business models find the American market particularly appealing, given the extensive scope for scalability and profitability. The U.S. consumer market’s openness to innovative products and services provides a fertile ground for businesses to thrive, making it an ideal landscape for Pakistani entrepreneurs eyeing international expansion.

2. Educational and Professional Prospects:

For many Pakistanis, the move isn’t just about immediate financial gain; it’s also about laying a robust foundation for the future generations. The U.S. hosts some of the world’s leading educational institutions and professional pathways, opening doors for comprehensive development and networking. Families often consider the E-2 visa as a stepping stone, providing their children with opportunities to receive an unrivaled education and build careers in a country known for its high regard for innovation and talent.

3. Political Stability and Quality of Life:

While Pakistan has significant entrepreneurial activity, individuals often seek more stable environments to scale their operations, and the U.S. offers that stability. Beyond the business appeal, the quality of life, including healthcare, civic amenities, and overall living conditions, is a considerable draw. The contrast in the socio-economic environment compels many Pakistani entrepreneurs to migrate for a lifestyle upgrade, ensuring better standards of living and security for their families.

4. Community Presence and Cultural Integration:

The U.S. is home to a vibrant Pakistani diaspora, facilitating a smoother cultural transition for E-2 investors and their families. This robust community network is inviting, offering a support system and a sense of belonging and easing the homesickness that often accompanies such a significant move. Moreover, the assorted cultural fabric of the U.S. allows Pakistani entrepreneurs and their families to integrate without losing their cultural identity, celebrating their heritage while embracing American societal values.

5. Strategic Business Advantage:

The geopolitical landscape plays a role in this migration trend, too. Entrepreneurs who have business interests spanning multiple continents find the U.S. to be a strategic base of operations. The connectivity, logistical ease, and the country’s position in international trade serve as advantages hard to overlook. Furthermore, being based in the U.S gives Pakistani entrepreneurs a vantage point to create more globally recognized and credible brands.

6. E-2 Visa’s Investor-Friendly Attributes:

The features of the E-2 visa itself are a significant part of its attraction:

  • Faster processing times: Compared to other immigration pathways, the E-2 visa can be processed relatively quickly, allowing for more immediate plans for relocation and business launch.
  • Control and autonomy: The visa allows investors to maintain direct control over their business operations, a factor that independent entrepreneurs particularly appreciate.
  • Flexibility in investment: While substantial, the investment does not have a minimum threshold, allowing flexibility in business choices.
  • Family inclusivity: The visa stipulates that immediate family members can accompany the primary applicant, with spouses also having the right to work in the U.S.
  • Renewal options: There is no maximum limit on the number of times an E-2 visa can be renewed, provided the business is operational and fulfills the treaty criteria.

7. Challenges Back Home:

Entrepreneurs are often motivated by challenges in their home country, seeking environments that are more conducive to business growth. Pakistan, though brimming with potential, faces economic constraints, power imbalances, and occasional political instability, pushing business owners to seek more predictable environments. The U.S., in contrast, offers a business ecosystem characterized by robust intellectual property rights laws, a transparent legal system, and a more predictable political climate.

Conclusion:

The trajectory from Pakistan to the U.S. via the E-2 Investor Visa is laden with both personal and economic considerations. From the vast market ready for penetration to the allure of a higher quality of life, and from the educational prospects for the next generation to the entrepreneurial freedom the visa itself offers, these factors collectively craft a scenario where the move makes strategic sense for many Pakistanis.

However, such a monumental decision comes with its set of challenges and necessitates meticulous planning, deep market research, and often, significant lifestyle changes. Prospective E-2 investors from Pakistan must prepare for a journey involving extensive legal navigation and cultural adaptation.

In this quest, the key to success lies in understanding the market they are about to enter, aligning their business plans with the economic realities of the U.S., and embracing the entrepreneurial spirit that defines the American Dream. With the right approach, the E-2 visa can indeed become a ticket to a world of unexplored potential and profound personal fulfillment.

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.

AWARD-WINNING LAW FIRM

$500+
Million

of revenue our clients have achieved from their U.S. business

$140+
Million

in client investments with visa approvals

20+
Years

focused experience in the E-2 visa

10+ Years
of Awards

of receiving the Clients’ Choice Award by Avvo

How are we different?

Our exclusive focus allows us to provide in-depth knowledge, experience, and tailored solutions to our E-2 clients. In other words, we give real answers to a variety of business, visa, logistical challenges that go beyond manuals and regulations.

Real
Strategies

that hundreds of clients have used for E-2 approval

Actual Knowledge & Experience

all team members have real E-2 experience and knowledge

Step-By-Step Guidance

detailed instructions (how tos & tips) that go beyond a generic checklist

Referral Network

access to our private network of referrals who understand how to work with E-2 clients

More About Our Services

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Categories
Country Specific E-2 Tips

E-2 Visa for Indivisuals Inside The United States

Starting a business in the United States can be a pathway to success, given its market size, economic environment, and wealth of opportunities. However, the process requires careful planning, adherence to legal procedures, and strategic execution. Here is a comprehensive step-by-step guide to help international entrepreneurs establish a business in the U.S.

Step 1: Conceptualize Your Business Idea

  • Market Research: Before anything else, conduct extensive market research to understand the competitive landscape, identify your target audience, and recognize market trends. Tools like SWOT analysis can help assess strengths, weaknesses, opportunities, and threats within your niche.
  • Business Plan: Based on your research, draft a business plan outlining your business goals, potential strategies for achieving them, financial projections, and marketing plans. This document is vital, especially if you’re seeking financial support from investors or banks.

Step 2: Choose Your Business Structure

The structure you choose affects your business’s tax requirements, potential personal liability, and ability to raise money. Common types of business structures in the U.S. include:

  • Sole Proprietorship: An unincorporated business owned by a single person.
  • Partnership: A business owned by two or more individuals or entities.
  • Corporation: A separate legal entity owned by shareholders, offering the greatest protection but with more regulatory scrutiny.
  • Limited Liability Company (LLC): This hybrid structure offers the flexibility of a partnership with the liability protection of a corporation.

Consult with a business advisor or attorney to understand what suits your business needs and goals best.

Step 3: Register Your Business

Once you’ve chosen a structure, the next step is registering your business.

  • Business Name: Decide on a unique business name that complies with your state’s regulations.
  • Register with State Authorities: If your business is an LLC, corporation, or partnership, you need to register it with the state.
  • Federal EIN (Employer Identification Number): Almost all types of businesses need an EIN from the U.S. Internal Revenue Service (IRS), even if they don’t have employees.

Step 4: Obtain Necessary Permits and Licenses

Operating legally means obtaining relevant permits and licenses:

  • Federal Licenses: These are necessary for regulated activities/industries such as transportation, agriculture, alcoholic beverages, and firearms.
  • State and Local Licenses: Requirements vary by location and business type. Research or consult with a legal advisor to understand which permits apply to your business.

Step 5: Choose Your Business Location

Deciding on a business location involves considering factors such as:

  • Customer Accessibility: Proximity to customers and ease of access.
  • State and Local Taxes: These vary and can significantly affect your business finances.
  • Legal Regulations: Zoning laws can affect where certain businesses can operate.

Step 6: Finance Your Business

How you finance your business startup can impact your company’s structure and future. Options include:

  • Self-funding: Using personal savings, property, or loans from friends and family.
  • Investors: Seeking financial contributions from individual or institutional investors.
  • Loans: Various loan options are available, including traditional bank loans and Small Business Administration (SBA) loans.
  • Grants: Some government grants are available to small businesses meeting certain criteria.

Step 7: Build Your Team

If you plan to hire employees, consider:

  • Recruitment: Use various platforms, like online job boards, staffing agencies, or social media, to find skilled candidates.
  • Legal Requirements for Employees: Be prepared for obligations regarding employee benefits, labor laws, and employer taxes.
  • Independent Contractors: Hiring contractors can provide flexibility but be aware of laws that distinguish them from employees.

Step 8: Market Your Business

Effective marketing strategies are crucial for attracting customers:

  • Branding: Develop a strong brand identity, including a business logo, to establish your business in customers’ minds.
  • Online Presence: Create a professional website and establish a presence on social media platforms relevant to your target audience.
  • Advertising: Consider various advertising methods, including digital marketing, traditional media, and public relations.

Step 9: Keep Proper Records

Accurate and detailed records are essential for understanding your business’s financial condition and fulfilling tax obligations.

  • Accounting System: Set up an accounting system to track all financial transactions, including expenses and revenues.
  • Separate Finances: Keep your business finances separate from personal ones to avoid legal issues.

Step 10: Comply With Tax Requirements

Understanding and complying with tax obligations is crucial:

  • Income Tax: All businesses except partnerships must file an annual income tax return. Partnerships file an information return.
  • Employment Taxes: If you have employees, you have certain tax responsibilities, including Social Security and Medicare taxes, federal income tax withholding, and Federal Unemployment (FUTA) Tax.

Step 11: Plan for Ongoing Compliance and Growth

Finally, after setting up your business, focus on strategies for growth, and ensure ongoing compliance with legal standards. Stay updated with laws that might affect your business, reevaluate your business plan periodically, and adapt to changes and challenges as your business grows.

Conclusion

Establishing a business in the United States is an exciting venture but involves various steps that can significantly impact your business’s success. Each stage requires careful consideration, proper planning, and, often, consultation with legal and financial advisors. By following this step-by-step guide, you can navigate this complex process more smoothly, laying a solid foundation for your business’s future growth and success.

Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.

AWARD-WINNING LAW FIRM

$500+
Million

of revenue our clients have achieved from their U.S. business

$140+
Million

in client investments with visa approvals

20+
Years

focused experience in the E-2 visa

10+ Years
of Awards

of receiving the Clients’ Choice Award by Avvo

How are we different?

Our exclusive focus allows us to provide in-depth knowledge, experience, and tailored solutions to our E-2 clients. In other words, we give real answers to a variety of business, visa, logistical challenges that go beyond manuals and regulations.

Real
Strategies

that hundreds of clients have used for E-2 approval

Actual Knowledge & Experience

all team members have real E-2 experience and knowledge

Step-By-Step Guidance

detailed instructions (how to’s & tips) that go beyond a generic checklist

Referral Network

access to our private network of referrals who understand how to work with E-2 clients

More About Our Services

We’re Happy To Help You!

Contact Us

Categories
E-2 Visa Laws & Policies

Social Security Number

Get Insider Tips from a former US Justice Department Attorney
  • Top 12 Must Know Questions & Answers
  • Common Mistakes to Avoid E-2 Denial
  • E-2 Process Made Easy (step-by-step)
  • E-2 Timeline (how long the process takes)
  • Checklist: Common Expenses for E2 Investors (to maximize visa approval)

Social Security Number

How do I apply for a Social Security Number and Card?

After the investor enters the U.S. with the E-2 visa, he or she may apply for a Social Security Number (SSN). Obtaining an SSN is important for living in the U.S., because you need it to pay taxes, and many other necessities, such as banks and credit companies, also ask for your SSN. In general, only foreign nationals who have permission to work in the U.S., such as possessing an E-2 visa are eligible for an SSN. To apply for a Social Security Number:

• Complete an Application for a Social Security Card (Form SS-5)

• Gather the following original documents:

1. Valid Passport containing your E-2 visa and latest entry stamp.

2. I-94 Arrival Record evidencing you were admitted to the US in E2 visa status.  Please visit the U.S. Customs’ website at https://i94.cbp.dhs.gov/ to print your I-94 Arrival Record.

3. If you have the E-2 visa for dependent spouse, then you also need to bring your original Marriage Certificate with certified English translations and your spouse’s valid passport with E-2 visa, entry stamp, and print-out of his or her latest I-94 Arrival Record.

• Take your completed application and original documents to the Social Security office nearest you.

The Social Security Office will mail your number and card after they verify your documents with the U.S. Department of Homeland Security. To find the Social Security Office closest to you, visit: http://ssa.gov.

Key Benefits of the E-2 Investor Visa

  • Live in the United States
  • Spouse is Authorized to Work Anywhere
  • Start or Buy Your Own U.S. business
  • Children May Attend Any U.S. School
  • Manage & Operate Your Business
  • Allows 2 Joint Investors in One Business
  • Bring Your Spouse & Minor Children
  • Unlimited E-2 Visa Renewals
Got Questions?

Contact Us

Categories
E-2 Visa Laws & Policies

E-2 Regulations

Get Insider Tips from a former US Justice Department Attorney
  • Top 12 Must Know Questions & Answers
  • Common Mistakes to Avoid E-2 Denial
  • E-2 Process Made Easy (step-by-step)
  • E-2 Timeline (how long the process takes)
  • Checklist: Common Expenses for E2 Investors (to maximize visa approval)

E-2 Regulations

Key Benefits of the E-2 Investor Visa

  • Live in the United States
  • Spouse is Authorized to Work Anywhere
  • Start or Buy Your Own U.S. business
  • Children May Attend Any U.S. School
  • Manage & Operate Your Business
  • Allows 2 Joint Investors in One Business
  • Bring Your Spouse & Minor Children
  • Unlimited E-2 Visa Renewals
Got Questions?

Contact Us

Categories
E-2 Visa Laws & Policies

Foreign Affairs Manual

Get Insider Tips from a former US Justice Department Attorney
  • Top 12 Must Know Questions & Answers
  • Common Mistakes to Avoid E-2 Denial
  • E-2 Process Made Easy (step-by-step)
  • E-2 Timeline (how long the process takes)
  • Checklist: Common Expenses for E2 Investors (to maximize visa approval)

Foreign Affairs Manual

Key Benefits of the E-2 Investor Visa

  • Live in the United States
  • Spouse is Authorized to Work Anywhere
  • Start or Buy Your Own U.S. business
  • Children May Attend Any U.S. School
  • Manage & Operate Your Business
  • Allows 2 Joint Investors in One Business
  • Bring Your Spouse & Minor Children
  • Unlimited E-2 Visa Renewals
Got Questions?

Contact Us

Categories
E-2 Visa Laws & Policies

Court Cases

Get Insider Tips from a former US Justice Department Attorney
  • Top 12 Must Know Questions & Answers
  • Common Mistakes to Avoid E-2 Denial
  • E-2 Process Made Easy (step-by-step)
  • E-2 Timeline (how long the process takes)
  • Checklist: Common Expenses for E2 Investors (to maximize visa approval)

Court Cases

Below, you will find a collection of US court cases regarding the E2 investor visa. These court decisions provide valuable insights into how judges interpret investor visa laws and apply the requirements to real life cases.

Note: You must have Adobe Acrobat Reader installed on your computer to open the attached PDF files. The free software is available for download at the following link: http://www.adobe.com.

BOARD OF IMMIGRATION APPEALS (BIA)

Matter of Walsh and Pollard (BIA 1988)– BIA held: (1) No particular dollar amount is required for an investment to be deemed substantial; however, the investment must be in a bona fide business and, in the case of a new business, the investment must not be in a marginal enterprise solely for earning a living but must be of an amount normally considered necessary to establish a viable enterprise of the nature contemplated; and (2) The applicants, who are employed as automotive design engineers by a foreign corporation, do not have supervisory or managerial duties; however, they are highly trained, specially qualified, and essential to the corporation’s efficient operation and thus qualify for an E2 investor visa classification even though they are not engaged in developing and directing the qualifying investment.

Matter of Khan (BIA 1977) – BIA held that respondent failed to show that he was “actively in the process of investing”. Respondent had best a subjective intention to invest in the future. Although he may have invested funds in the past, that does not establish that he will invest in the future. More is required for such as showing. For example, copies of contracts showing a legal commitment to make certain future expenditures or documents of that nature could be submitted.

Matter of Chung (BIA 1976) – BIA held that in order to qualify for E2 investor visa, the respondent must establish that he has invested or is actively in the process of investing a substantial amount of capital in an US enterprise. BIA stated that mere intent to invest does not satisfy the requirement.

Matter of Shaw (BIA 1976) – BIA held that photocopies of checks submitted as the primary evidence of the investment and allegedly issued in payment for items related to the restaurant did not show what items had been purchased. The BIA explained that the financial statement submitted was unaudited and based exclusively on information supplied by respondent to the accountant and which indicated that the books had not been maintained in an acceptable manner from an accounting standpoint and from which expenditures could not be verified. The BIA stated that respondent failed to submit documentation relating to the affairs of the enterprise or a satisfactory explanation for the absence of such documentation.

Matter of Lee (BIA 1975) – BIA held that the investor must be coming solely to develop and direct the operations of the enterprise in which the investment has been or is in the process of being made and it must be shown that investor has a controlling
interest in the enterprise. In this case, it is alleged that the total value of the enterprise is or will be $64,000. Of this amount, applicant had invested $10,000, alleging that at some future time he would invest additional capital to bring his investment to 51 percent. BIA found that this was too speculative, and further, in the absence of any indication of the income the applicant may derive, he has failed to show that his investment does not represent a small amount of capital invested in a marginal enterprise for the purpose of merely earning a living.

For consultation with an Immigration Lawyer, please CALL US at (626) 559-0968 or Complete the our Contact Form. An attorney in our office would be happy to assist you.

Key Benefits of the E-2 Investor Visa

  • Live in the United States
  • Spouse is Authorized to Work Anywhere
  • Start or Buy Your Own U.S. business
  • Children May Attend Any U.S. School
  • Manage & Operate Your Business
  • Allows 2 Joint Investors in One Business
  • Bring Your Spouse & Minor Children
  • Unlimited E-2 Visa Renewals
Got Questions?

Contact Us

Categories
E-2 Visa Laws & Policies

Agency Guidance

Get Insider Tips from a former US Justice Department Attorney
  • Top 12 Must Know Questions & Answers
  • Common Mistakes to Avoid E-2 Denial
  • E-2 Process Made Easy (step-by-step)
  • E-2 Timeline (how long the process takes)
  • Checklist: Common Expenses for E2 Investors (to maximize visa approval)

Agency Guidance

The government agencies that administer the E2 investor visa program sometimes issue memorandums, letters, and notices to provide guidance and latest updates on E2 visa requirements and application procedures. Below, you will find a collection of agency guidances that specifically address the E2 investor visa.

Note: You must have Adobe Acrobat Reader installed on your computer to open the attached PDF files. The free software is available for download at the following link: http://www.adobe.com.

US CITIZENSHIP & IMMIGRATION SERVICES (USCIS, FORMERLY, INS)

USCIS Liaison Meeting (2007) – Students in E-2 dependent status may attend college.

INS Memo (2002) – Temporary work permit for spouse of E2 investor.

INS Memo (1998) – Consolidating E2 petition processing at the California Service Center and Texas Services Center.

INS Memo (1997) – Maintaining E2 investor status issues.

INS Letter (1996)– Explains why E visas are not appropriate substitutes for H1B visa in the job shop scenario.

INS Letter (1996)– Explains the possibility of having multiple E2 employers.

 

US DEPARTMENT OF STATE (DOS)

Israel Added to E2 Treaty Country List (June 2012)– On June 11, 2012, President Obama signed the legislation that would add Israel to the list of countries eligible for the E2 non-immigrant investor visa in the United States. The US embassy in Israel will announce the implementation of the E2 visa as soon as the terms and conditions of the bi-lateral agreement between the US and Israel are finalized.

London Embassy E Visa Processing Update (June 2012)
– E visa processing will likely be delayed during Summer of 2012 due to the London Olympic games. The E treaty visa unit will be closed from July 16, 2012 to August 17, 2012. Regular services should resume on August 20, 2012.

Rome Embassy Liaison Meeting (2010)– (1) Where to send E-2 application; (2) Special procedures, documents, and interview scheduling; (3) Most common preparation errors for E2 visa cases; (4) Substantial Investment explanation; (5) Marginality
issue during economic crisis; and (6) Embassy’s contact information.

London Embassy Liaison Meeting (2008) – (1) London E2 visa processing time; (2) Proving investment transaction; and (3) U.K. domicle requirement for British citizens.

DOS Liaison Meeting (2007) – Proving E2 enterprise has created jobs for US workers.<

London Embassy DOS Liaison Meeting (2007) – (1) London E2 visa processing update; and (2) Determining treaty nationality of large publicly traded foreign corporations.

DOS Memo (2002) – Temporary work permit for spouse of E2 investor.

DOS Liaison Meeting (2001) – Applicants’ other sources of income are no longer considered when assessing marginality of the E2 enterprise.

DOS Analysis of Comments to the E Visa Regulations (1997)– Agency’s interpretation of E visa laws and regulations.

DOS Memo (1994)– Discusses E2 visa eligibility for physicians investing in medical practice.

For consultation with an Immigration Lawyer, please CALL US at (626) 559-0968 or Complete the our Contact Form. An attorney in our office would be happy to assist you.

The information on this website is not to be considered legal advice. Such information is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from an experienced immigration attorney regarding specific case situations.

Key Benefits of the E-2 Investor Visa

  • Live in the United States
  • Spouse is Authorized to Work Anywhere
  • Start or Buy Your Own U.S. business
  • Children May Attend Any U.S. School
  • Manage & Operate Your Business
  • Allows 2 Joint Investors in One Business
  • Bring Your Spouse & Minor Children
  • Unlimited E-2 Visa Renewals
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Frequently Asked Questions E-2 Employee Visa

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  • E-2 Timeline (how long the process takes)
  • Checklist: Common Expenses for E2 Investors (to maximize visa approval)

Stories From Clients

Working with Bobby was an excellent experience. He helped us with the entire process in the E2 Visa.

Posted by Andre
February 12, 2024

Full Review

E2 VISA APPROVED WITH BOBBY

Working with Bobby was an excellent experience. He helped us with the entire process in the E2 Visa. From the first steps, while we were looking for a franchise to buy, until the interview at the consulate. Very professional, always calm, and available to talk about any questions. His team is incredible, too. Stephanie, the executive assistant, did a great job; she understands everything a lot, always assisting us via video or email. Lotte Aarsman, our case manager, researches and works hard down to the most minor details of all documents. Undoubtedly, we recommend Attorney Bobby, a great professional and person.

Mr. Chung was extremely helpful. He helped us prepare for all of the steps regarding the visa.

Posted by Ajay Arora
February 1, 2024

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Great Experience

Mr. Chung was extremely helpful. He helped us prepare for all of the steps regarding the visa. He made sure we had all that we needed and that we did not lack in any preparation. Wonderful experience!

Commendable job by Bobby Cheng team. The initial call with Mr. Chung was extremely informational.

Posted by JIGNESHKUMAR
January 22, 2024

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E2 Visa

Commendable job by Bobby Cheng team. The initial call with Mr. Chung was extremely informational. Thereafter, Stephanie took over my case and executed it perfectly to help me deal with my E2 visa process . Whole team has been communicative, supportive and overall meticulous with full efforts. Highly recommended for attorney work

I'm here to express my appreciation of Bobby & his team's effort on my E2 VISA application.

Posted by YENKUANG
January 1, 2024

Full Review

Hired Bobby as my Attorney for E2 VISA application is my smartest decision

I'm here to express my appreciation of Bobby & his team's effort on my E2 VISA application. For sure I got my approval right after my interview at embassy. Just let all know you have to get Bobby's professional service. He will lead you since beginning with clear picture of application and stay with you until you get the VISA approval. I would like to give special thanks to his team member, Lotte being experienced, sysmtematic and nice to me. Trust me as a E2 VISA owner, you will get your E2 VISA successfully with Bobby's service.

Bobby’s team helped complete my E2 visa application and they were extremely helpful throughout the process.

Posted by Jay
December 15, 2023

Full Review

Strongly recommend Bobby’s services

Bobby’s team helped complete my E2 visa application and they were extremely helpful throughout the process. Bobby, my case manager Angie and rest of Bobby’s team helped understand the process thoroughly which resulted in my application being successful.

I got my COS for E2 Category, One of the best lawyers offices in California, they are very dedicated

Posted by Mohammed
November 8, 2023

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E2 Visa COS

I got my COS for E2 Category, One of the best lawyers offices in California, they are very dedicated and they go through the details to make your case strong and can go through any questions and doubts, I strongly recommend them.

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