Malescu Law P.A. – Business & Immigration Lawyers

 

E2 Visa Lawyer USA | E2 Treaty Investor Visa Attorney

As E2 Visa Lawyers in Miami Florida USA, we have experience on the subject and we share our knowledge regarding E2 Visa for all those interested in getting one, with the help of an experienced E2 Visa Lawyer.

The E-2 Treaty Investor Visa is a U.S. non-immigrant visa designed for individuals who make an investment in a commercial enterprise in the United States. The E-2 Investor Visa allows a national of a treaty country to temporary come to the United States together with their spouses and children to live and work. This means that if you have an approved E2 visa, your spouse and sons and daughters will be able to get an E2 visa and accompany you in the United States for the period of time you are on E2 visa. According to our E2 visa lawyer, the principal E2 visa holder and E2 visa spouse can obtain a SSN (Social Security Number) after they are granted and issued the E2 visa and they arrive in the United States. However, the E2 visa investor and spouse cannot obtain the SSN from abroad while travelling outside of the US.   

Can you travel with E2 visa? 

Moreover, the E2 Investor Visa allows the Investor or Entrepreneurs and their spouse and children to travel outside of the Unites States and re-enter. If you want to know if you can travel with an E2 visa, the answer if yes, there are no travel restrictions on E2 visa and you and your family can travel internationally with an E2 visa.

Can spouse work on E2 visa? 

The husband or wife of a principal E2 visa holder can apply for employment authorization in the US and work without any restrictions, meaning that he or she can work part-time or full-time and even be 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 and wok for your own business. However, you may be restricted from working certain government-related jobs especially high-security level jobs within the government. Children are not authorized to work in the United States with an E2 visa but they can attend public or private schools and universities without the need to apply for a student visa.

Can an E2 visa holder get a Social Security Number? 

One important aspect to consider is that an E2 visa investor and spouse can get a Social Security Number (SSN). Specifically, only the principal E2 visa holder and the E2 visa spouse can get a Social Security Number once they are in the United States. Dependent children with E2 visa will not get a SSN because their E2 visa does not authorize them to work in USA. The SSN is not issued automatically upon entering in the US on an E2 visa and instead, the E2 visa investor and spouse need to make an appointment at the US Social Security Administration office in the area of residence to apply for a SSN. 

Can you convert the E2 visa to EB5 green card? 

The E2 visa does not automatically lead to a green card but it is possible to convert an E2 visa to an EB5 (green card). In certain situations, the same E2 business and investment can qualify for EB5 and in other circumstances you can convert from E2 visa to EB5 throughout time. However, if you ultimately plan to convert an E2 visa to EB5 in the future, it is important to speak to an experienced E2 visa lawyer early in the process and plan ahead of time the necessary steps and evidence to be collected in order to comply with the many EB5 rules and regulations.  

Our experienced E2 visa lawyer will tell you that in general, in order to be qualify for E2 visa as dependent spouse, you and your spouse who is the principal E2 visa holder must be legally married and you must have a marriage license, but partners or common law spouses may also be eligible for dependent E2 visa under certain circumstances. In other words, if you and your partner are cohabiting or have a relationship that is recognized as a common law marriage but do not have an actual marriage license, then, in general, you cannot qualify for a derivative E2 visa unless the relationship meets a number of conditions to be accepted as a legal marriage. To learn more about the E2 visa in the context of partners and common law spouses you can contact our experienced E2 Visa Lawyer in Miami, Florida USA.

“As E2 Visa Lawyers in Miami, Florida, USA we use our expertise to advise you on all aspects of business immigration, capital raising and daily business operations to business growth strategies.”

In order to qualify for an E-2 Treaty Investor Visa, the Investor must meet certain minimum requirements.

What Nationality Does an Investor Need to Have to Apply For An E-2 Business Investor Visa in the United States?

The Investor or Entrepreneur must be a national of a country with which the United States maintains a Treaty of Commerce and Navigation. There are currently about 80 countries with whom the United States has an E-2 Treaty. The E2 Visa is based on reciprocity and the list of E2 countries is changing at times with some countries being added to the list and others taken out. Moreover, the terms of the E2 Visa for each country are frequently changing and the E2 Visa Lawyers can provide updated terms. In cases where the investor or entrepreneur is a citizen of more than one E2 country, he or she can choose what citizenship to use for immigration purposes, and our best E2 visa lawyer recommends that the investor or entrepreneur choose the country of citizenship with the most favorable E2 visa terms and prospective E2 employees. However, when determining the citizenship of an E2 business, the ownership interest of business partners who are green card holders or U.S. citizens is not taken into consideration. 

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, 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 countries that qualify for an E-2 Investor Visa and updates, please visit the U.S. Department of State’s Treaty Countries List.

What Is The Minimum Investment For E-2 Visa?

The Investor, Business Owner or Entrepreneur, must invest or be in the process of investing a substantial amount of capital in a business in the United States. An experienced E2 Visa Lawyer will tell you that in the case of setting up a new business there is no minimum amount of capital required to be invested, but instead substantial amount is a subjective threshold that depends on the nature of the business, the total of investment compared to the total cost of purchasing an established business in the specific sector or establishing a new one and the financial commitment required to ensure the successful operation of the enterprise. As such, for capital intensive businesses the investment amount can be in the hundreds of thousands or millions of dollars while for businesses that are not capital intensive, the investment can be around $100,000 or less. However, the investment must be large enough to ensure that the investor will successfully develop and direct the enterprise. If, however, the investor purchased an existing business, then an experienced E2 visa Lawyer in the USA, will tell you that the cost is generally, its purchase price, which is normally considered to be the fair market value. 

What Is The Best Advice that an Experienced E-2 Visa Lawyer Is Giving His or Her Clients Regarding Their Investment?

The capital invested must be at placed at risk in the U.S. business with the objective of generating a profit and must be subject to loss if investment fails. Simply having investment funds in a bank a bank account is not sufficient to show that the investment capital has been placed at risk for E-2 Visa purposes. Moreover simply being in the stage of signing contracts or looking for suitable locations and property is not sufficient to qualify for the E2 visa. Also, simply inheriting a business does not constitute an investment for purposes of E-2 visa eligibility. From our best E2 Visa Lawyers point of view, the E2 visa rules and regulations regarding the amount of funds invested in the U.S. company are intended to ensure that the E2 investor or entrepreneur is unquestionably committed to the success of the business in the United States and is not simply a gamble. Further, the investment funds must not have been obtained, directly or indirectly, from criminal activity. At this point, the presence of an E-2 Investor Visa Lawyer is almost mandatory, especially when the client is not sure how to prove that the source of funds is compliant with immigration standards.

Finally, the Investor or Entrepreneur must intent to develop and direct the U.S. company in which he or she invests. For E-2 Investor Visa purposes, the Investor or Entrepreneur cannot be a passive investor in a U.S. enterprise and must show that he or she owns at least 50% of the enterprise or possesses operational control through a managerial position or other corporate device. A smaller business that is a joint venture may also qualify as an E-2 enterprise; at least 50 % of the enterprise must be owned by a citizen of the treaty country. Certain employees of such an Investor or Entrepreneur or of a qualifying organization may also be eligible for E-2 Investor Visas.

How Long Does An E2 Visa Last?

We advise you ask for the advice of an experienced E-2 Visa Immigration Lawyer because in general the E-2 Investor visa is granted for three months to five years depending on the specific treaty the United States has with each country. The E-2 Investor Visa can be renewed for the same length of stay and there are no limits as to how many times Investor or Entrepreneur can petition to renew the E-2 Visa.

For example, the maximum length for which an E-2 Investor Visa can be issued to an applicant who is a citizen of Mexico is four years pursuant to new adjustments of the E-2 Visa terms in 2020. However, in the case of most citizens of European countries, the E-2 Investor Visa is issued for two (2) to five (5) years. Currently, the validity period for E-1 Treaty Trader and E-2 Investor visas issued to French nationals has been drastically reduced from 60 months (5 years) to a mere 25 months. The validity period for E-2 Investor Visa for nationals of Treaty countries is continuously revised and we recommend those interested continue monitoring any updates or contact a dedicated E2 Visa Lawyer.

What businesses qualify for E2 visa? Example of E2 businesses  

Basically, any business can qualify for E2 visa as long as they can create jobs in the United States. Some exceptions apply for certain real estate companies that may be viewed as speculative or passive. Because the E2 visa requires an investment in a U.S. business, many investors and entrepreneurs wonder what type of businesses should they invest in order to qualify for an E2 visa. Our best E2 visa lawyers will tell you that generally there is no specific business that an investor needs to invest in to be eligible for an E2 visa. However, some businesses are better than others and below we included examples of businesses that can qualify for an E2 visa: 

• 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 

 

Why should a foreign Investor, Business Owner or Entrepreneur work with an E-2 Visa Lawyer?  

The U.S. laws, rules and regulations for E2 visa are not only many, but they are also complex because these rules are intended to ensure that the investor is unquestionably committed to the success of the business. Moreover, certain business transactions involving E-2 investors must be compliant with U.S. immigration standards and E2 visa regulations in order for the investor to meet the legal requirements for the E2 visa. To qualify for an E2 visa, investors are advised to work with an experienced E2 visa lawyer on their case to represent them before the United States Citizenship and Immigration Services (USCIS) and at the U.S. Embassies and Consulates. In the United States the only individuals who are qualified to advise clients on US laws, including immigration laws are attorneys and lawyers licensed to practice law in the United States. Individuals who are not qualified as lawyers through membership in a US state bar are not authorized to practice law in the United States and interpret and advise clients about US law. Moreover, clients benefit from confidentiality and attorney-client privilege which is the most important privilege afforded under US laws. As a result, an experienced E-2 Visa Lawyer can assist foreign Investors, Business Owners and Entrepreneurs with guidance in making the investment compliant with E-2 Visa immigration laws, long term business and immigration planning and documenting and preparing E-2 visa applications and requesting other immigration benefits. Finally because the E-2 Visa exists at the intersection between business corporate and immigration law, an E2 Visa Lawyer must be able to understand complex business and immigration concepts and our E2 Visa Lawyers have the required background and experience in business and finance to provide competent legal advice in the area of E-2 Visas and other business visas.    

How can our best E2 Visa Lawyers at Malescu Law assist?  

Our experienced E2 visa lawyers in Miami, Florida USA can determine if the E2 visa is right for you, review all other visa options, inform you about the E2 process and legal requirements, guide you throughout the E2 visa investment, assist you with the necessary documents and prepare all the required E2 visa documentation for the U.S. Embassy or United States Citizenship and Immigration Services (USCIS). For more information about the E-2 Investor Visa or to speak to our best E2 Visa Lawyers in Miami, Florida USA, contact us now. We speak English, Romanian, Bulgarian, Russian and Spanish.