One of the most common mistakes applicants make is not fully understanding or meeting the E2 visa requirements. To qualify for this visa, several key criteria must be met:

a. Nationality

Applicants must be citizens of a treaty country with the United States.

b. Investment

A substantial investment in a U.S. business is necessary, with the applicant having at least 50% ownership or operational control. 

c. Active Enterprise

The investment should be in an active, functioning enterprise that generates profits from goods or services.

d. Non-Marginal Business

The business should generate sufficient income to support the investor and their family, surpassing a marginal status. Meaning the business should have employees other than the investor and their family.

e. Control of Funds

The investor must have control of the funds, and the investment must carry commercial risk.

f. Intent to Direct and Develop Enterprise

The applicant must intend to direct and develop the enterprise in the U.S. as the principal investor or in a supervisory, executive, or highly specialized skill capacity.

Working with an E-2 visa attorney in San Diego ensures these requirements are met and potential pitfalls are avoided.

2. Inaccurate or Incomplete Documentation

Another mistake made by many applicants is submitting inaccurate or incomplete documentation with the E2 visa application, which can lead to delays or being denied. Work closely with an E-2 visa lawyer to gather and submit all necessary documents, including:

a. Proof of Nationality

Documentation proving citizenship of a treaty country.

b. Investment Evidence

Evidence of the investment, such as funds proof, bank statements, and business asset documentation.

c. Business Documentation

Detailed information about the business, including structure, operations, and financial statements.

d. Employee Qualifications

For employee applicants, include documentation demonstrating qualifications for the position and the essential role in the business.

3. Insufficient Investment Amount

The E2 visa requires a substantial investment, varying based on the business nature. Although there’s no specific minimum, investments around $100,000 or more increase the likelihood of approval. Consult an E2 visa attorney in San Diego to determine the appropriate investment amount for your business.

4. Poorly Prepared Business Plan

A well-prepared business plan is vital for a successful E2 visa application. Plans that are more likely to be accepted include:

a. Executive Summary

A brief overview of the business, objectives, and the investor’s role.

b. Market Analysis

An in-depth analysis of the market, competitors, target audience, and potential growth opportunities.

c. Marketing Strategy

A detailed plan to promote the business and attract customers.

d. Operations Plan

Outline the daily business operations, including staffing, inventory, & supply chain management.

e. Financial Projections

Detailed financial projections: revenue, expenses, and projected growth.

5. Not Seeking Professional Assistance

Attempting to navigate the E2 visa process without an experienced E-2 visa lawyer can lead to costly mistakes and delays. An E-2 investor visa attorney in San Diego provides invaluable guidance and support throughout the application process, ensuring common pitfalls are avoided, and a strong application is submitted.

6. Underestimating Fees & E2 Investor Visa Cost

Applicants often underestimate the fees & costs associated with the E2 visa process. Working with an E-2 visa lawyer helps plan for these costs:

a. Filing Fees

The application can be filed with USCIS (to request a change of status) or with the consulate when an E-2 visa is needed (for someone not already in the U.S. or who will be traveling internationally). USCIS charges a $460 filing fee for Form I-129, Petition for Nonimmigrant Worker, and the consular visa fees will vary by consulate.

b. Attorney Fees

E-2 visa attorney fees vary depending on the competence of the attorney as well as the case complexity. 

Budgeting for these costs helps avoid unexpected financial burdens, ensuring a faster application process.

7. Not Preparing for the Consular Interview

The consular interview is a major part of the E2 visa application process. Strong preparation is needed for a positive outcome. An E-2 investor visa attorney in San Diego helps prepare for the interview, providing guidance on potential questions and the best way to present the case.

Your attorney should know the requirements, help prepare a strong business plan, and be aware of the costs associated with the application. Feldman Feldman & Associates PC has helped numerous clients obtain their E-2 investor visa with confidence for over 40+ years. Schedule a consultation here or call 1-619-299-9600 today to discuss your e-2 visa needs with us.