E-2 Visa Lawyer
If you’re a foreign entrepreneur, the E-2 visa is one of the more accessible U.S. visas for you. By making a significant investment in a U.S. business, you may live and work in the country. But “accessible” doesn’t mean simple. You need an E-2 visa lawyer to guide you through every step and comply with E-2 visa requirements.
Ruby Kaur, our E-2 visa lawyer at Kaur Law PC, helps entrepreneurs understand the requirements and prepare complete applications. Call 734-205-8009 (Michigan) or 510-894-1400 (California) today to book a consultation.
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E-2 Visa Requirements for Qualification
To qualify for an E-2 visa, you need to meet several conditions.
- Citizenship in a treaty country. The U.S. must have a trade treaty with your home country. Check the U.S. Department of State’s treaty country list before anything else.
- Active capital at risk. You must invest with the goal of making a profit. If the business fails, you must be at risk of losing some or all of your investment.
- Substantial investment. There’s no fixed dollar amount, but U.S. Citizenship and Immigration Services (USCIS) expects an investment that’s proportional to the total cost of the business.
- A bona fide enterprise. Your investment must be in a real business that provides goods or services for profit.
- Ownership or operational control. You must come to the United States to develop and direct the business. This usually means owning at least 50% of the business or having the authority to manage and control its operations.
- Marginality rule. The business must generate more income than what’s needed to support just you and your family.
Benefits & Terms of an E-2 Visa
The E-2 visa is a nonimmigrant visa, which means it is intended for a temporary stay in the U.S. That said, it comes with many benefits.
- Initial stay of up to two years, with unlimited two-year extensions as long as you continue to meet the requirements
- Work authorization within your own business in the U.S.
- Your spouse and unmarried children under 21 may apply for E-2 dependent status. If approved, your spouse is authorized to work in the U.S.
Questions Asked at E-2 Visa Interview
You may be asked questions such as:
- What does your business do?
- How much money have you invested in the business?
- Where did the investment funds come from?
- Does your business have customers, contracts, or ongoing revenue?
- How many jobs do you expect the business to create?
- What are your financial projections for the business?
- Have you visited or lived in the United States before?
- What are your plans when your E-2 status ends?
Before your interview, review your application carefully and make sure you can explain every part of it. Bring copies of your supporting documents, including any updated financial records or business information.
Why You Need an E-2 Visa Lawyer to Support You
Proceeding without legal guidance can make the E-2 visa process more challenging than it needs to be. To build a complete, credible petition from the start, consult an experienced immigration law firm. Our E-2 visa lawyer can help you organize your investment documentation, prepare you for the consular interview, and make sure your business plan meets the marginality standard.
Frequently Asked Questions
How long is the E-2 visa processing?
Processing time varies by country and consulate. After you file, the U.S. embassy or consulate will schedule your visa interview. The wait time depends on its current workload.
How much money do I need to invest for an E-2 visa?
There’s no official minimum. USCIS evaluates the investment relative to the total cost of the business. A $50,000 investment in a $60,000 business is treated differently than a $50,000 investment in a $500,000 one.
Is there a path from an E-2 visa to green card status?
The E-2 visa itself doesn’t lead directly to a green card. However, some E-2 visa holders may pursue permanent residency through employment-based categories like the EB-5 investor visa or through a family-based sponsorship. An immigration lawyer can help you transition from E-2 visa to green card status.
Request a Consultation with Our E-2 Visa Lawyer
If you plan on seeking an E-2 visa, start the conversation now. Ruby Kaur at Kaur Law PC works directly with investors and entrepreneurs on business immigration cases. Book a consultation to go over your situation, your investment, and the E-2 visa requirements.
