Do you qualify for an E2 Investor Visa In California?

The E2 Investor Visa is ideal for foreign individuals who want to purchase an existing business or establish a business in the United States. In this guide, we’ll dive into the ins and outs of the E2 visa requirements, benefits, process, and cost.

Our immigration law firm cares about you and wants to ensure that you receive superb legal council in when you apply for your visa in 2023. Call us now at Feldman Feldman & Associates PC for a free consultation regarding your legal issues at 619-299-9600.

Meeting the E2 Visa Requirements:

What’s needed to qualify for an E2 visa? Here’s the rundown :

• Treaty Country Citizenship: Only citizens of countries holding a treaty with the U.S. can apply for the E2 visa.

• Substantial Investment: You must have made an investment in a U.S. enterprise or be in the process of doing so. Evidence of legitimate funds used for the investment is a must. Additionally, the investment amount must be significant, and the funds committed to the investment must be real and irreversible.

• Active and Operating Enterprise: The business you’ve invested in must be real, active, and profit-oriented. Documentation proving the enterprise’s existence and activity is mandatory. The business can be an already existing one or it can be a new business.

• Not Marginal: The business must be capable of generating more than minimal living for you and your family. The business should have employees other than you and your family.

• Ownership: As the E2 treaty investor, you should own at least 50% of the enterprise, granting you operational control. You should also be actively involved in developing and directing the enterprise’s activities.

• Temporary Intent: Since the E2 visa is a non-immigrant visa, you must demonstrate your intent to leave the U.S. once your E2 status expires.

Navigating the E2 Visa Process:

The creation of a comprehensive business plan forms an integral part of the E2 visa process, particularly if you are starting a new business. This plan should detail your enterprise’s financial, operational, personnel, and marketing strategies. It must clearly illustrate how your business will secure adequate funds to support you, your family, and your employees. It should also provide proof of your 50% ownership in the enterprise you’ve invested in and showcase how your business will create new job opportunities for resident workers within your company​​. Having 

How an Immigration Lawyer Can Assist You in Getting Your E2 Investor Visa:

The E2 visa process might seem overly complicated. However, you shouldn’t worry when you work with a California Immigration attorney with years of experience guiding you. We hold a deep understanding of U.S. immigration laws and their application requirements from working with over 10,000+ clients. Your immigration attorney should provide dependable counsel and guidance, assist you in understanding the 2023 eligibility requirements, compile the correct documentation, and ensure you fill out all the required forms accurately. We’re committed to guiding you in the development of a strong business immigration plan, making sure your application has highest chance of success​​.

FAQs

1. What is an E2 Investor Visa and who can apply for it? 

The E2 Investor Visa is a nonimmigrant classification that allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. To qualify, the investor must be a national of a country with which the United States maintains a treaty of commerce and navigation​. 

2. What changes were made to the eligibility criteria for E2 Visas as of December 2022? 

As of December 23, 2022, the Immigration and Nationality Act (INA) was amended to define the eligibility criteria for E visas. For all E-1 and E-2 filings received on or after this date, USCIS or the consulate may request additional documentation related to how the applicant obtained treaty country nationality. In particular, for those who obtained treaty country nationality through a financial investment, additional documentation may be required to show that the applicant has been domiciled in the treaty country indicated in the application for a continuous period of at least 3 years before applying​. 

3. What qualifies as a substantial investment for an E2 Visa? 

The investment for an E2 Visa must be substantial, with investment funds or assets committed and irrevocable, and sufficient to ensure the successful operation of the enterprise. There is not a specific dollar amount that is required under the law. The amount of the investment that will be considered substantial can vary depending on the type of the business as well as the geographical area. Typically, one should plan on investing at least $100,000 into the business, but sometimes E-2 visas have been approved with smaller investment amounts. A speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment​. 

4. What are the steps to apply for an E2 Visa?

 Application steps may vary depending on the U.S. Embassy or Consulate where you apply. Generally, the first step is to work with an immigration attorney to understand if you and the business you are investing in will qualify for the visa. Then you will work with your attorney to gather all of the documents for the business, and discusss what specific action items need to be done. Your attorney will then prepare the packet based on the consulate or USCIS’s instructions. The applicant will complete the Online Nonimmigrant Visa Application, Form DS-160 and typically pay the visa fee. Then the petition will be finalized and sent off for the government’s review. For more specific instructions, consult the embassy or consulate (or USCIS) website where you will apply​. 

5. How can one obtain E2 classification while in the United States? 

If a treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 and supporting documents to request a change of status to E-2 classification. Similarly, if the desired employee is in the U.S. in a lawful nonimmigrant status, the qualifying employer may file Form I-129 to request a change of status to E-2 classification on the employee’s behalf​. 

Finding an E2 Investor Visa Attorney Near You: 

Our California based immigration law firm of E-2 Investor attorneys at Feldman Feldman & Associates PC will help you through the legal process and ensure you receive the best possible answers, support, and outcomes for your case. Contact us now at 619-299-9600.