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Archive for the ‘E2 Visa Treaty Investors’ Category

E2 Visa – Treaty Investors

Posted by osrec On January - 13 - 2010 ADD COMMENTS

E2 Visa Overview

The E2 Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. This visa must be renewed every other year, but there is no limit to how many times one can renew. Investment must be “substantial.” An investor must “contribute” to the US economy. (Setting up a small shop alone is not enough.) Investor visas are available only to “treaty nations”. The dollar amount of cash investment normally should exceed $200,000, depending on the type of business. This is an approximated amount and applicants must be aware that some consulates can require as much as $500,000 and more. The dollar amount should only be money spent on the business. Any expenses not directly spent on the actual business itself will not count toward the required amount. The investment must be large enough to start and operate the business.

The amount of investment varies on the type of business. The $200,000 dollar amount would not be a substantial investment for a business such as the construction and management of a shopping center or office complex. The investment will not be considered substantial if it is not large enough to capitalize the venture. The USCIS will use an ‘Inverted Sliding Scale’ to determine whether the investment is substantial in proportion to the overall cost of the enterprise. Upon conclusion of the business, investors must return to their countries of origin, or change their status. The holder of an E-2 visa may leave the United States at anytime but not over the time limit of 6 months. Time Limits: Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.

E2 Visa Eligibility

• The investor, either a real or corporate person, must be a national of a treaty country. • The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise. • The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment. • The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States. • The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed. • The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

E2 Visa Notes/Exclusions

Visa Ineligibility / Waiver The nonimmigrant visa application Form DS-156 lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a treaty trader or treaty investor, may apply for a waiver of ineligibility and be issued a visa if the waiver request is approved.

E2 Visa Family Members

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E-2 visas in order to accompany the principal alien. Dependents may seek employment in the US by applying for Employment Authorization using Form I-765, Application for Employment Authorization. Children under 21 cannot apply for work, only the spouse of the E2 holder.

E2 Visa Processing Times may vary: approx from 1 -6 months

E2 Visa Processing Price (Government Filling Fee): from $320 – $1,320 + Consular fee+Translations

E2 Visa Processing Price (Average Attorney Fee): from $2,000 – $3,000

Who Pays The Fee?: This is dependent on the visa type. In some cases the employer will pay and in some cases, and if it’s a non sponsored visa the applicant would pay. Some employers may request that you pay your own consulate fees and travel to the country, while others may not. It usually depends on the skill level, the type of position and the type of visa. For some visa types it maybe the law of the country that applicants should not pay any fees.

O2 Visa Detailed STEP BY STEP Guide: Request Info

Hey Guys! Developing detailed, Quality Step by Step guide, based on government rules and our own experience, requires a lot of time and resources. Since there are so many working visas for USA and other Countries, we need your help to understand which working visas information to gather and publish first. Please Press the Request Info link, leave your name, email address, country you are from and the visa name that you would like to get the info about, and then hit the submit button.

The Work Visas, which will get the majority of Requests, will be published first.
They will also be sent to you by email automatically as soon as they have been created.
This info will be a combination of up to date government info, news, outlook and our own substantial knowledge having been in the industry since 1997.The information will be provided free for those that vote, for all others that come after this info is available there will be a charge to cover the cost of research, our expertise and putting it together in a report format.

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