The application of an E-2 visa is a non-immigrant visa of the USA; hence, it is an opportunity extended to foreigners to freely live and work inside the United States of America based on an investment in an American business. Indeed, this visa is to allow the investors and their employees to remain in the United States to operate and develop the investment. Going back to the offered information, legal advice that pertains to its clients for an E-2 visa should be legal assistance from the E-2 visa lawyer. What this article will focus on, this will be the following: what is an E-2 visa, why it is beneficial to apply for the E-2 visa, how to do it, and what part an e2 visa lawyer can play for you to obtain the visa.
What is the E-2 Visa?
This visa is more particularly designed to include treaty investors who plan to invest or to supervise the management of an enterprise in the United States. The visa allows individuals to work and reside in the United States, employing the stipulations laid down by the company, for one to two years considering the company’s flops. E-2 visa is actually a non-immigrant visa which also means a temporary residency visa which does not give a visa holder an opportunity to apply for citizenship in that particular country. While it does provide a much wider opportunity for people from other countries to have the ability to reside and work in the U.S while also having ownership of their own business.
Key Benefits of the E-2 Visa
Business Ownership: E-2 visa means that people can be involved in the investment of a company in the United States and even own a business entity in the country as a result of a competitively active market system.
Renewability: Unlike many other visa types, there isn’t an established expiration date for E-2 visa but you are allowed to renew it so long as the business fulfils the requirement of the visa. It also provides long-term optionality to business people and this has been partly realized as explained below.
Family Benefits: The spouse and children of the person who has the E-2 visa is granted some sort of benefit. The spouse can get a working permit, it’s an opportunity to get an education in the United States for children.
Path to Permanent Residency:Thus, E-2 visa does not give a directory to a green card but it can become a way to the green card under the other E-classes or when the visa holder gets a job in the USA.
Minimum Requirements of E-2 Visa
To qualify for an E-2 visa, several key eligibility criteria must be met:
Treaty Country: In particular, the applicant must be from a country that the United States has a trade and investment treaty with. List of treaty countries is available at the site of the United States Department of State, official site.
Substantial Investment:The applicant is required to provide substantial capital to a new business venture in the United States. Where such is the case there is no set – minimum figure though should be enough to form a viable business venture. In most cases, such expectations are well over one hundred thousand dollars for such campaigns.
Ownership and Control:The applicant is required to hold more than fifty one percent interest or operational control of the business of the United States. This must be a growing business that generates enough income for the investor and all other family members.
Intention to Depart:The applicant also has to express his/her desire about the plan to go back home after he/she stops with the E-2 status. One thing that must be emphasized here is that the E-2 visa or the E-2 status is not an immigration visa that gives the applicant the legal permanent residence; the applicant must demonstrate that he or she has a nonimmigrant intention.
Business Plan:Perhaps, monthly projection of the business and the revenue and expense forecast are important in demonstrating the feasibility of the business and the willingness of the proprietor to support the business. The following are some of its components: Aims and objectives of the business, Marketer audit, Budget proposal, And the place of the applicant in this plan.
When an investor is seeking an E-2 Visa Lawyer
The E-2 visa application process is intricate so having an E-2 visa lawyer will improve your chances of getting approved significantly. Here are the key ways an E-2 visa lawyer can help:
Assessing Eligibility
The question that should be answered is how to obtain an E-2 visa while the first thing that should be determined is whether you are eligible for the E-2 visa. E-2 visa lawyer can inform you whether your business will be suitable for the visa and EVALUATE your planned investments. In case your investment amount or the business structure does not qualify with the provisions mentioned above then your strategy can be fixed by a lawyer.
Preparing the Application
These have to be supported by a number of other documents like proof of investment, business plan, and, more importantly, background information of the applicant. He or she will assist in all the paperwork through an E-2 visa lawyer, and ensure that all the details entered in the documents are accurate and all the information is completed to eliminate an E-2 visa refusal.
Business Plan Development
When applying for the permit, it is crucial to demand that the business should have an excellent business plan. It should be seen that this plan is fit to demonstrate where you fit in the management of the enterprise and how it is possible. It is only an experienced lawyer, who will tell you how to come up with the business plan that will help you explain to the immigration authorities in the United States that what you are doing is professional.
Navigating Legal Complexities
Non-immigrant visas are also a source of contention in the U S immigration law. An experienced E-2 visa attorney will especially understand the principles of immigration law and therefore help with the legal aspects of applying for an E-2 visa.
Interview Handling, and Consular Interview Processing
Of course, after filing this application you may be invited for an interview at the nearest U.S. Consulate or Embassy in your home country. E-2 visa lawyer: This may be perhaps where one would wish to be told which type of questions to expect in the interview, as well as how to respond appropriately. It may be crucial in ensuring a successful inquest for your endorsement as to your fitness to be granted the visa by the concerned consular officer.
Appeals and Denials
Nevertheless, there are circumstances where an application for an E-2 visa will be rejected. In this case, a professional attorney can do this and all those reasons that were used to reject the later application can be explained, and how to go about filing an appeal. More often it is possible to counter the denial with the help of additional information or interpretations as compared to the latter.
E-2 visa process is also associated with numerous difficulties as follows:
The E-2 visa has numerous benefits, but it may not be easy; still, it will be almost impossible for a first timer in the application process. Here are some common hurdles that individuals may face:
Substantial Investment Requirements:The term ‘substantial investment’ is as a rule vague and it changes as per its particular case from one business to another business. It is necessary to spend more money in some industries to meet the necessities of a visa.
Documentation Issues:It is for that reason that lack or inadequate documentation is a reason for rejection or delay is considered to be one of the biggest challenges.
The above two heads could have been under the following overarching heading: All documents such as the source of funds of the applicant as well as a plan of the business, and any document that would state the applicant’s involvement in the business should be well developed.
Consular Interviews:Most of them may be about the company’s activity and its goals, while some may be about the applicant on his/her own. The interview can indeed be very preoccupying but then if one needs to do it through a lawyer it’s well orchestrated.
Evolving Immigration Policies:Laws governing immigration in any country are dynamic, and they might change over some time; therefore, affecting the E-2 visa. You will find a lawyer who will assist you to undergo the process because they have the records of the existing changes.
Conclusion
The E-2 visa is truly an excellent opportunity for anyone from another country who wishes to begin an Organization in the United States, but can not receive a company visa. However, application is a bit rigorous and thus requires a closer to detailed handling. This is actually one of the reasons why it is very helpful and beneficial to hire a lawyer that specializes in the E-2 visa since this can help a lot in determining one’s chances of approval. By reviewing your documents, assembling documents, and giving professional guidance on steps required, you have an opportunity to be an E-2 visa lawyer and work in the United States while cultivating your business.
