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The E-2 visa is a non-immigrant visa that allows individuals from countries with which the United States has a treaty of commerce and navigation to come to the U.S. for the purpose of investing in and operating a business. The application process for the E-2 visa can be complex and lengthy, so it is important for applicants to be aware of the procedures and requirements involved.

Step 1: Determine eligibility Before beginning the E-2 visa application process, it is important to determine if you are eligible for the visa. To be eligible, you must be a citizen of a treaty country, have invested or be in the process of investing a substantial amount of capital in a U.S. business, and be coming to the U.S. to develop and direct the business.

Step 2: Prepare the necessary documents To apply for an E-2 visa, you must prepare and submit a number of documents. These may include a business plan, financial statements, tax returns, and other supporting documents. It is important to ensure that all documents are properly prepared and translated into English, as necessary.

Step 3: Submit the application The E-2 visa application can be submitted in one of two ways: through the U.S. consulate in your home country or through USCIS if you are already in the U.S. The application will require payment of a fee and completion of a number of forms, including Form DS-160 for the consulate and Form I-129 for USCIS.

Step 4: Attend the visa interview If you are applying for the E-2 visa through the consulate, you will be required to attend an interview with a consular officer. The interview will focus on your business plans and investment, as well as your intentions for traveling to and living in the U.S.

Step 5: Wait for a decision After submitting your application and attending the interview, you will need to wait for a decision on your visa. This can take several weeks or even months, depending on the volume of applications being processed and the complexity of your case.

Step 6: Enter the U.S. If your E-2 visa is approved, you will be able to enter the U.S. and begin operating your business. You will need to provide evidence of your E-2 visa to U.S. Customs and Border Protection officers when you arrive in the U.S.

It is important to note that the E-2 visa is a temporary visa, and you will need to renew it periodically to continue operating your business in the U.S. You may also be eligible to bring family members with you on the E-2 visa, and they will be required to apply for their own visas.

In conclusion, the E-2 visa application process can be complex and lengthy, but by following the necessary procedures and submitting the required documentation, you can increase your chances of success. It is important to work with an experienced immigration attorney to ensure that all aspects of your application are properly prepared and submitted. By doing so, you can achieve your goal of investing in and operating a business in the United States.

The E-2 visa is a popular option for foreign entrepreneurs who want to invest in and operate a business in the United States. To qualify for the visa, the investment must be substantial and committed to the success of the business. One important aspect of the investment is the types of expenditures that qualify for the E-2 visa investment spending.

Start-up Costs

Start-up costs are expenses incurred during the planning and execution stages of a new business. These can include expenses related to market research, legal fees, office space rental, website design, advertising, and other costs associated with setting up a new business.

Purchase of Existing Business

If you are purchasing an existing business, the cost of the purchase may be considered a qualifying expense. This can include the purchase price of the business, as well as any legal fees, broker fees, or other expenses related to the acquisition.

Equipment and Inventory

The purchase of equipment and inventory can also qualify as an investment expense. This can include the cost of machinery, computers, software, furniture, and other assets necessary for the operation of the business.

Leasehold Improvements

If you are leasing a space for your business, any improvements made to the space may qualify as investment spending. This can include renovations, repairs, and upgrades that enhance the value of the leased property and make it more suitable for the business operations.

Working Capital

Working capital refers to the funds necessary to operate the business on a day-to-day basis. This can include expenses such as payroll, rent, utilities, marketing, and other expenses that are necessary to keep the business running.

Franchise Fees

If you are investing in a franchise, the fees associated with the purchase of the franchise may qualify as investment spending. This can include the initial franchise fee, ongoing royalties, and other expenses related to the franchise.

It is important to note that the investment must be substantial and committed to the success of the business. The exact amount of investment required for the E-2 visa can vary depending on the nature of the business, but it is generally expected to be in the range of $100,000 or more. Additionally, the investment must be at risk, meaning that there is a chance of losing the investment if the business does not succeed.

In conclusion, the E-2 visa is a valuable option for foreign entrepreneurs who want to invest in and operate a business in the United States. To qualify for the visa, the investment must be substantial, at risk, and committed to the success of the business. By understanding the types of expenditures that qualify as investment spending, foreign investors can make informed decisions about their investment strategies and increase their chances of success.

The E-2 visa is a popular visa category for foreign entrepreneurs who wish to invest in and manage a business in the United States. Canadians are eligible to apply for the E-2 visa, and there are several requirements they must meet to qualify. In this blog post, we will explore how Canadians can qualify for the E-2 visa.

To qualify for the E-2 visa, a Canadian applicant must invest a substantial amount of capital in a U.S. business. The investment must be substantial in relation to the total cost of either purchasing an existing business or establishing a new one. There is no set amount of investment required, but the investment must be enough to show that the Canadian applicant is committed to the success of the business.

The Canadian applicant must also be actively involved in the management of the U.S. business. This means that they must have a controlling interest in the business and be responsible for making important decisions. The Canadian applicant must also be able to demonstrate that they have the skills and experience necessary to successfully manage the business.

Another requirement for Canadians to qualify for the E-2 visa is that the business they are investing in must be a real and operating enterprise. This means that the business must be actively engaged in a commercial or entrepreneurial activity, and must not be speculative or passive in nature.

In addition to the above requirements, Canadians must also meet the same general requirements for the E-2 visa as applicants from other countries. These requirements include having a valid passport and demonstrating non-immigrant intent.

In conclusion, Canadians are eligible to apply for the E-2 visa, but they must meet certain requirements to qualify. They must invest a substantial amount of capital in a U.S. business, be actively involved in the management of the business, and the business must be a real and operating enterprise. By meeting these requirements, Canadians can take advantage of the E-2 visa program and invest in and manage a business in the United States. If you are a Canadian entrepreneur considering the E-2 visa, it is important to work with an experienced immigration attorney to ensure that your application is successful.

The E-2 Investor Visa is a nonimmigrant visa that allows foreign investors to enter the United States to develop and run their businesses. To qualify for this visa, investors must meet certain requirements and prove that their business will create jobs and stimulate the American economy. In this blog, we will discuss the qualifications for the E-2 Visa and the steps investors must take to apply.

First and foremost, to be eligible for the E-2 Visa, the investor must be a citizen of a country that has a treaty of commerce and navigation with the United States. This means that the country must have a diplomatic agreement with the United States that permits its citizens to participate in international trade with the U.S. Currently, over 80 countries have a treaty of commerce and navigation with the United States, including Canada, Mexico, Japan, and most of Europe.

Next, the investor must make a substantial investment in a U.S. business. There is no specific minimum investment amount required to qualify for the E-2 Visa, but the investment must be substantial enough to create jobs and stimulate the U.S. economy. Generally, the investment should be enough to cover the startup costs of the business, as well as provide working capital for the first few years of operation. A good rule of thumb is that the investment should be at least $100,000, but this can vary depending on the industry and the business plan.

In addition to the investment, the investor must also own at least 50% of the U.S. business. This means that the investor must have a controlling interest in the business and be able to make major decisions about its operation and management. The investor must also be actively involved in the business, either as a manager or as an executive.

The U.S. business must be a bona fide enterprise that is engaged in active commercial trade or services. This means that the business must be a real, legitimate enterprise that is actively engaged in producing goods or providing services. It cannot be a passive investment or a business that only exists on paper.

The business must also be able to generate enough income to support the investor and his or her family. This means that the business must have a viable business plan and be able to generate enough revenue to cover the investor’s living expenses and provide a reasonable return on investment. The investor must also be able to demonstrate that he or she has the necessary skills and experience to successfully run the business.

Finally, the investor must intend to leave the United States when his or her E-2 Visa expires. The E-2 Visa is a nonimmigrant visa, which means that it is temporary and does not lead to permanent residency or citizenship. The investor must have a clear plan for leaving the United States when the visa expires and must be able to demonstrate that he or she has ties to his or her home country that will compel him or her to return.

In summary, the E-2 Investor Visa is a great way for foreign investors to enter the U.S. market and develop their businesses. To qualify for this visa, investors must meet certain requirements and demonstrate that their business will create jobs and stimulate the American economy. If you are a foreign investor interested in applying for the E-2 Investor Visa, it is important to work with an experienced immigration attorney who can help you navigate the application process and ensure that your business meets all the necessary qualifications.

The E-2 visa is a popular visa category for foreign entrepreneurs who wish to invest in and manage a business in the United States. However, the application process can be complex, and it is important to work with an experienced immigration attorney to ensure that your application is successful. In this blog post, we will explore how to choose an experienced immigration attorney for the E-2 visa.

Look for an attorney with experience in E-2 visa cases

The E-2 visa is a specific category of visa, and it is important to work with an attorney who has experience in E-2 visa cases. Look for an attorney who has a track record of success in E-2 visa cases, and who is familiar with the specific requirements and nuances of the E-2 visa application process.

Research the attorney’s qualifications and credentials

When choosing an immigration attorney for the E-2 visa, it is important to research their qualifications and credentials. Look for an attorney who is licensed to practice law in the United States and who is a member of the American Immigration Lawyers Association (AILA). AILA is a professional organization for immigration attorneys, and membership can be an indicator of an attorney’s expertise in immigration law.

Schedule a consultation

Before hiring an immigration attorney for the E-2 visa, it is important to schedule a consultation. This will give you the opportunity to discuss your case with the attorney and to determine if they are a good fit for you. During the consultation, ask the attorney about their experience with E-2 visa cases, their success rate, and their approach to working with clients.

Consider communication and responsiveness

Effective communication is key to a successful E-2 visa application. Look for an attorney who is responsive to your calls and emails, and who keeps you informed throughout the application process. Ask the attorney about their communication policies and expectations, and make sure that you feel comfortable with their approach.

Check for reviews and references

Before hiring an immigration attorney for the E-2 visa, it is a good idea to check for reviews and references. Look for reviews online, or references from previous clients. This will give you a sense of the attorney’s reputation and track record.

In conclusion, choosing an experienced immigration attorney is essential for a successful E-2 visa application. Look for an attorney with experience in E-2 visa cases, research their qualifications and credentials, schedule a consultation, consider communication and responsiveness, and check for reviews and references. By following these tips, you can find an immigration attorney who can help you navigate the E-2 visa application process and achieve your goals of investing in and managing a business in the United States.

The E-2 Investor Visa is a popular option for foreign investors seeking to start or invest in a business in the United States. Over the years, the Board of Immigration Appeals (BIA) has shaped the interpretation and application of the E-2 visa requirements. The BIA has issued a number of important decisions over the years regarding the E-2 Investor Visa. These decisions have clarified and expanded upon the eligibility requirements for the E-2 visa, as well as established important legal precedents for future cases.

The BIA is the highest administrative body for interpreting and applying U.S. immigration laws. In the context of the E-2 Investor Visa, BIA cases can provide guidance on how to interpret and apply the legal requirements for the visa. For example, BIA decisions can provide insight into how to satisfy the “substantial investment” requirement, the “develop and direct” requirement, and other key elements of the E-2 visa.

Some notable BIA cases involving the E-2 Investor Visa include:

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.

BIA cases provide persuasive authority and may be used as a reference in E-2 visa applications. It is important to consult with an experienced immigration attorney who can help navigate the complexities of the E-2 Investor Visa and advise on the relevant BIA cases. These cases illustrate the evolving legal landscape surrounding the E-2 Investor Visa and highlight the importance of having an experienced immigration attorney to guide you through the process. By staying up-to-date on these important legal precedents, an attorney can help ensure that your E-2 visa application is prepared in a way that maximizes your chances of success.