Category: E-2 Visa Laws & Policies

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.

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.

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.