Malescu Law P.A. – Business & Immigration Lawyers

 

E2 Visa Lawyer USA | E2 Investor Visa Attorney

Experienced E2 visa lawyer answers frequently asked questions about E2 visas. Our E2 visa lawyers in Miami, Florida USA are Board Certified in international law as legal experts with specialized knowledge in international law, US immigration and business.

The E-2 Investor Visa is a nonimmigrant visa that allows citizens from treaty countries to temporarily live and work in the United States in exchange for investing in a US business. E-2 visa holders can bring their spouses and children under 21 to the United States.

E-2 investors and their spouses can obtain a Social Security Number (SSN) after arriving to the United States. However, they cannot obtain an SSN from outside the US. 

Our E2 Visa Lawyers in Miami, Florida, USA use their expertise to advise you on all aspects of business immigration, business operations and growth strategies.

Anda Malescu, US immigration lawyer, Board Certified Expert International Law

FAQs:

1. Can you travel with E2 visa?
2. Can spouse work on E2 visa?
3. Can an E2 visa holder get a Social Security Number?
4. Can you convert E2 visa to EB5 green card?
5. What are the requirements for E2 visa?
6. What countries are eligible for E2 visa?
7. What is the minimum investment for E2 visa?
8. Important things to know about E2 investment
9. How long does an E2 visa last?
10. What businesses qualify for E2 visa?
11. Successful E2 visa applications
12. E2 visa dual intent
13. Why work with an E2 visa lawyer?

1. Can you travel with E2 visa? 

Yes, E2 visa holders can travel internationally as many times as they need, without any restrictions. There is also no limit on how long the investor or entrepreneur and their spouse and children can stay outside the United States, as long as they plan to return on their E2 visa.

2. Can spouse work on E2 visa? 

The spouse of an E2 investor is employment authorized incident to status. This means that as an E2 visa spouse you do not need to apply for an Employment Authorization Document (EAD) or work permit. You can work without any restrictions, including part-time, full-time, or self-employed.

In other words as a spouse on E2 visa you can work for the E2 business or any other US company or foreign company and you can even start your own business. However, you may be restricted from working certain government-related jobs especially high-security level jobs within the US government.

Children on E2 visa are not authorized to work in the United States, but they can attend public or private schools and universities without having to apply for an F1 student visa.

Our experienced E2 visa lawyers explain that to qualify for an E-2 visa as a dependent spouse, you must generally be legally married and have a marriage license. However, partners and common-law spouses may also be eligible for a dependent E-2 visa under certain circumstances.

If you and your partner are living together in a common-law relationship but are not legally married, you cannot qualify for an E2 visa for spouse unless your relationship meets certain requirements under US law. If you have any questions about partner and common-law spouses, please consult with our E-2 visa lawyer in Miami, Florida USA.

3. Can an E2 visa holder get a Social Security Number? 

Yes, an E2 visa holder can get a Social Security Number (SSN) after arriving in the United States. You cannot apply for SSN from outside the United States.

However, the SSN is not issued automatically upon entering the US on an E2 visa. Instead, the E2 investor and spouse can apply for a SSN at the Social Security Administration office in their area of residence.

Dependent children with E-2 visas cannot get a SSN because they are not authorized to work in the US. However, children can apply for an Individual Taxpayer Identification Number (ITIN) with the US Internal Revenue Service (IRS). You can then use the ITIN to to claim your children as dependent on your IRS tax returns and obtain medical insurance. For more information, refer to Individual Taxpayer Identification Number.

4. Can you convert the E2 visa to EB5 green card? 

Yes, you can convert an E-2 visa to an EB-5 green card. However, it is not automatic. You need to take specific steps to apply for an EB-5 visa and convert your E-2 visa to an EB-5 visa.

Our experienced E2 visa lawyers explain that in certain situations you can apply for EB-5 visa with the same E2 business and investment. In other cases, you can convert from an E-2 visa to an EB-5 green card over time.

If you plan to convert an E-2 visa to an EB-5 visa in the future, it is important to consult with an experienced E2 visa lawyer early on. Your lawyer can help you plan ahead and gather the necessary evidence to comply with the complex EB-5 visa rules and regulations.

5. What are the requirements for E2 visa?

To qualify for an E2 Visa, you must meet the following requirements:

1. You or your business possesses the nationality of the treaty country
2. You have invested or are actively in the process of investing
3. Enterprise is a real and operating commercial enterprise
4. Your investment is substantial
5. Your investment is more than a marginal one solely for earning a living
6. You are in a position to develop and direct the enterprise
7. If you are applying for an E2 visa as an employee, you will fill an executive/supervisory position or you possesses skills essential to the firm’s operations in the United States

6. What countries are eligible for E2 visa?

To apply for an E-2 investor visa, you must be a citizen of a country that has a Treaty of Commerce and Navigation with the United States.

Currently, there are about 80 countries that have E2 treaties with the US. This means that if you are a citizen of one of the E2 visa countries, then you are eligible to apply for E2 visa. The E-2 visa is based on reciprocity, so the list of E-2 treaty countries changes from time to time.

The specific terms of the E-2 visa also vary from country to country, but our E2 visa lawyers can provide you with up-to-date information. If you have any questions about your eligibility for an E-2 visa, please contact our E-2 visa lawyer in Miami, Florida USA. We have helped clients from all over the world obtain E2 visas.

Currently, the E2 countries are: Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, North Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Portugal, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine and United Kingdom. For a complete list of E2 visa countries, please visit the U.S. Department of State’s Treaty Countries List.

Key Considerations

Investors and entrepreneurs who are citizens of multiple countries that have E-2 treaties with the United States can choose which citizenship to use when applying for an E-2 visa. Our E2 visa lawyers recommend that investors apply under the citizenship that offers the most favorable E-2 visa terms, especially if they plan to hire employees from that country.

The ownership interest of business partners who are green card holders or U.S. citizens is not taken into account when determining the citizenship of an E-2 business.

7. What is the Minimum Investment for E-2 Visa?

E2 investors must invest or be in the process of investing a substantial amount of capital in a US business to qualify for an E2 Visa.

Our experienced E2 visa lawyer can advise you that there is no minimum investment amount required when starting a new business. Instead, the threshold for a “substantial investment” is subjective and depends on the type of business and the total investment made relative to the cost of buying an established business in the same industry or starting a new one.

For capital-intensive businesses, the E2 investment amount can range from hundreds of thousands of dollars to millions of dollars. For businesses that are not capital-intensive, the investment can be around $100,000 or less.

However, the financial investment must be sufficient to ensure the success of the business. The investment must be large enough for the E2 investor to successfully manage and grow the business.

If the investor has purchased an existing business, our experienced E-2 visa lawyer can advise you that the investment amount is generally the purchase price, which is typically considered the fair market value.

8. Important things to know about the E2 Investment

E2 investors must place their investment capital at risk in the US business with the goal of making a profit. The investment capital must be subject to loss if the business fails.

Having investment funds in a bank account is not enough to show that the investment capital has been placed at risk for E2 visa purposes. Moreover, being in the early stages of negotiating contracts or searching for property is also not enough to qualify for the E-2 visa.

In addition, inheriting a business does not count as an investment for E-2 visa eligibility.

Our best E2 visa lawyers explain that the E-2 visa rules and regulations regarding the amount of capital invested in the US business are meant to ensure that the E2 investor or entrepreneur is truly committed to the success of the business, and is not simply making a gamble.

Also, the investment funds cannot come from criminal activity, either directly or indirectly. If you are not sure whether your source of funds is compliant with US law, it is strongly advised that you consult with an experienced E-2 visa lawyer.

Finally, the E2 investor or entrepreneur must intend to develop and direct the US business in which they invest. E2 visa regulations state that the investor cannot be a passive investor in a US business and must prove that they own at least 50% of the business or have operational control through a managerial position or other corporate structure.

A joint venture may qualify as an E-2 business, but at least 50% of the business must be owned by a citizen of a treaty country.

Additionally, certain employees of an E-2 investor or qualifying organization may also be eligible for E-2 visas.

9. How Long Does An E2 Visa Last?

Speak with an experienced E-2 visa lawyer to determine the duration of your E-2 visa and find out how long your E2 visa will last.

The E2 investor visa is typically granted for three months to five years, depending on the treaty between the United States and your country of citizenship. The E-2 Investor Visa can be renewed indefinitely.

For example, under the new E-2 visa rules that were implemented in 2020, the longest E-2 investor visa that can be issued to a Mexican citizen is four years. However, most citizens of European countries can get an E-2 visa for 2 to 5 years, depending on their country of citizenship.

Currently, the validity of E-1 Treaty Trader and E-2 Investor visas issued to French nationals is 25 months, which is a significant decrease from the previous validity period of 60 months (5 years).

The validity period of E2 visas for nationals of treaty countries is constantly being reviewed, so we recommend that interested individuals stay up-to-date on the latest changes or consult with our experienced E-2 visa lawyer.

10. What businesses qualify for E2 visa?

Any business can qualify for an E-2 visa, as long as it can create jobs in the United States. Some exceptions apply for certain real estate companies that may be considered speculative or passive.

Because the E-2 visa requires an investment in a US business, many investors and entrepreneurs wonder what type of businesses they should invest in to qualify for an E-2 visa.

Our best E-2 visa lawyers can advise you that there is no specific business that an investor needs to invest in to be eligible for an E-2 visa. However, some businesses are more suitable than others. Investors can start their own businesses or buy a business or franchise for E2 visa.

Businesses that qualify for an E2 visa include: 

• Online businesses
• Ecommerce
• Consulting firms
• Motels
• Hotels and Other Accommodations 
• Restaurants
• Fast-Food Restaurants
• Food Trucks 
• Cafes
• Bakery
• Other Food Service Establishments
• Hair Salons 
• Spas
• Fitness Studios 
• Gyms
• Dance and Pilates Studios 
• Marketing Agencies 
• IT Services 
• Pet Grooming 
• Pet Cafes 
• Convenience Stores
• Equipment Suppliers 
• Wholesaler 
• Retail Stores 
• Online Stores 
• Laundry Services 
• Travel Agencies
• Others 

11. Successful E2 visa applications

• A UK entrepreneur invested $100,000 in a new coffee shop in New York City. He was able to show that the business had a viable business plan and he was actively involved in its management.
• A Romanian entrepreneur invested $65,000 in an online business. He was able to show he has the necessary experience and expertise to operate the business successfully.
• A Canadian couple invested $120,000 in a truck repair shop. They showed they met the requirements and had the expertise to drive sales.
• A South Korean couple invested $350,000 in a franchise bakery chain combined with purchasing the real estate. They were able to show that they had the expertise to operate the business successfully.
• A Jamaican software engineer invested $55,000 in his own IT consulting and software development business. He was able to show that he had a strong track record of success and that his business had a good chance of success.
• A Mexican entrepreneur invested $85,000 in her own import company. She was able to show that she manufactured the cosmetics outside the United States and had the network to successfully develop the business in the United States.

These are some examples of successful E2 visa applications. In all of these cases, the investors were able to demonstrate that they met all of the requirements for the E2 visa. They also had strong business plans and were able to show that they has expertise and were actively involved in the management of their businesses.

12. E2 Visa Dual Intent

The E-2 visa is not a dual intent visa, but it is as close to a dual intent visa as you can get. As explained by our E-2 visa lawyer, the latest State Department updates expand upon its discussion of intent as it relates to E-2 visas. Specifically, the updates add that an E visa applicant is presumed to be an immigrant until the applicant establishes that they are entitled to E nonimmigrant status.

This serves as a reminder for consular officers to presume that all E-2 visa applicants have immigrant intent. The presumption of immigrant intent can be overcome through evidence of an applicant’s intent to depart the United States at the termination of E-2 status.

While immigrant intent is less likely to be an issue for E-2 visa applicants, those with pending or approved immigrant petitions should be aware that immigrant intent is assessed when applying for or renewing an E-2 visa, or when entering the United States. The filing of an I-130, I-140, or I-526 petition can be used as evidence of immigrant intent. While this alone may not be enough to cause a denial, it is relevant.

13. Why should You work with a lawyer?  

The E2 visa laws are designed to ensure that investors are truly committed to the success of their businesses. Moreover, to qualify, certain transactions must meet specific legal and immigration requirements for the E=2 visa.

To qualify for an E-2 visa investors should work with an experienced E-2 visa lawyer. E-2 visa lawyers can represent you before the United States Citizenship and Immigration Services (USCIS) and at U.S. Embassies and Consulates.

Only attorneys licensed to practice law in the United States are qualified to advise clients on U.S. laws, including immigration laws. Individuals who are not qualified as lawyers cannot practice law in the United States or advise clients about U.S. law. Consultants and other non-lawyers do not have the knowledge, expertise and experience to provide you with the accurate and reliable advice you need to succeed in your E-2 visa application.

Working with an E-2 visa lawyer offers a key advantage: confidentiality. Your communications and information are protected by attorney-client privilege, one of the strongest legal protections in the U.S. This ensures your sensitive details remain private throughout the visa process.

Our experienced E-2 visa lawyers can help foreign investors, business owners, and entrepreneurs make investments that comply with E-2 visa regulations and immigration laws. We can also help with long-term business and immigration planning and documenting and preparing E-2 visa applications.

Our E2 visa lawyers are more than just immigration lawyers. Our E2 visa lawyers are Board Certified in International Law as legal experts with specialized knowledge in international law, business, and finance. We combine this expertise to help foreign nationals and companies navigate the complex legal landscape of E-2 visas and other business visas.

How can our best E2 Visa Lawyers assist you?  

Our experienced E-2 visa lawyer can provide you with a variety of advice regarding the E-2 investment, including:

• Choose the right business. Not all businesses are well-suited for the E-2 visa. Some factors to consider include the startup costs, the industry, and the potential for job creation.
• Make a substantial investment. The amount of investment required varies depending on the nature of the business. However, it should be enough to ensure the successful operation of the enterprise.
• Show that the investment is at risk. The investment must be at risk, meaning that the investor could lose their money.
• Be prepared to manage and develop the business. The investor must be actively involved in the management and development of the business. This means having a hands-on role in the day-to-day operations of the business.

Important Considerations  

In addition, our experienced E2 visa lawyer and investor visa attorneys in Miami, Florida USA can also assist you with:

• E2 visa suitability. Our experienced lawyer can help you determine if the E2 visa is right for you.
• Structuring the investment. Our lawyer can guide you throughout the E2 visa investment. We can also help you choose the structure that is best for your business and your personal financial situation.
• Gathering evidence. The E-2 visa application process requires significant amount of evidence to demonstrate you meet all of the E2 visa requirements. We can help you gather the necessary evidence and prepare it to increase you chances of success.
• Filing the application. The E-2 visa application process can be complex and time-consuming. Our lawyers can help you navigate the process and ensure that your application is complete and accurate .
• E2 interview support. Our E2 visa lawyers can prepare you for the E2 interview.

Malescu Law can assist

We are committed to helping our clients achieve their immigration goals. We are proud of our track record of success in E2 visa cases.

For more information about the E-2 investor visa, consult with our best E2 visa lawyers in Miami, Florida USA. Contact us now or schedule a consultation.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

E2 Visa Lawyers: Malescu Law P.A. Business Immigration Lawyers