E-2 Visa (Treaty Investor Visa) California Immigration Attorney and Qualified Person
An E2 Visa (Treaty Investor Visa) is a visa is for a foreign national of an “investor treaty” country, coming to the US to direct the operations of an enterprise in which the investor has invested or is actively in the process of investing a substantial amount of capital. This visa may also be obtained by key employees of the business. Key considerations include: i) whether the foreigner is a national for a country that has an E-2 investor treaty, ii) that the business is 50% owned by foreigners of the treaty country, iii) that the foreigner is either a 50% owner or a key employee of the company, iv) that and that the investment is “substantial.”
Proving “substantial investment” is not a precise art because the regulations do not specifically define “substantial.” At a minimum, the investment should produce a return that is higher than a mere income to support the investor and her/her family. Three factors to consider are 1) dollars invested ($200K is a reasonably safe minimum, but some have obtained E-2 visas on initial investments as small as $50K), 2) proof that the amount is enough to capitalize business functions (this obviously varies by business), and 3) the investment should go beyond marginal job creation (that is, at least beyond creating a job just for the investor).
Conditions of Obtaining an E-2 Visa
Unlike H-1B visas there is no quota on the number of E-2 visas which may be issued every year; therefore it can be obtained any time of the year. Premium processing, in which the petition will be processed within 15 calendar days, is also available.
Advantages and Limitations of an E2 Visa
An advantage of the E-2 visa is that it does not require any specific educational background. You may also travel in and out of the US or remain in the US continuously until your E-2 visa expires. The E-2 visa may initially be valid up to 5 years, with the possibility of 2 year extensions. The duration of status, however, can only be for a maximum of 2 years, which means that the E-2 visa holder has to depart the US and reenter to extend their status or apply for an extension of status by filing such an application in the US.
Iranian E2 Visa Immigration Lawyer Role in an E2 Visa Application
E-2 visa applications are difficult to document and can be painstakingly time intensive. Proving “substantial investment” is also especially challenging when the amount of investment is not toward the higher end. In such cases, a strong argument must be made that such investment is substantial in the particular business based on the nature of the business. Knowledge of what the immigration service or department of state expects to receive from the petitioner is essential to success. In some consulates, there are particular formatting requirements that if the applicant fails to meet, the case will be immediately rejected.
Contact Our Iranian E2 Visa Immigration Lawyer:
To discuss E2 visa petitions and other alternatives with an experienced California immigration Attorney from the Aria Law Group feel free to contact us by email or call us at (650) 391-9630.