Articles Posted in E2 Visa Information

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In this video Attorney Jacob J Sapochnick Esq., explains one of our most frequently asked questions: Can I get a Green Card from an E2 Visa?

While there is no direct way to convert an E2 Visa to a Green Card, there are ways to get a Green Card from an E2. Normally E2 Visas are non immigrant visas, so the intention is to return to the home country one way.

You are eligible to apply for a Green Card while under E-2 status as long as you meet the guidelines through one of the following methods:

  • EB-1 Green Card: You can obtain a green card while under E-2 status if you are an “Alien of Extraordinary ability” or a “Multinational Manager or Executive.” If you find yourself in one of these categories, you can file an immigration petition under one of these categories
  • Family Based Immigration Green Card: You may obtain a green card if you have close relatives in the United States. Your relatives may file a petition in this case.
  • National Interest Waiver: If you are an “alien of exceptional ability,” have an advanced degree or an equivalent level of experience, and can show that your services will greatly benefit the United States, then you may file a National Interest Waiver (NIW).
  • Employment Based Immigration: If you can find an employer who is willing to file a Labor Certification form with the Department of Labor, then you may qualify for a green card through the employment based immigration process. Or Self Petition EB2 based on a self petitioned H1B.
  • EB5 Visa – Green Card based on investment of 500K or Million depending on the location in the US.

For more information on this subject contact our office and please remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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Check out Attorney Jacob J. Sapochnick, Esq.’s interview on international news site i24live.tv regarding E2 investor visas for Israeli nationals and legal changes.

Visit our E2 Visa Page for more information

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In this installment our Senior Case Manager, Inese Grate Esq., explains the E-2 Visa Process and Requirements.

Below are some key requirements you must keep in mind when considering applying for an E-2 Visa: 

Requirement 1

As a treaty investor, you must be coming to the United States to invest in a new or existing enterprise.
USCIS defines an E-2 investment as the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Your investment may be for the purpose of establishing a new business venture, or purchasing a pre-existing business. In either scenario, you must demonstrate that the capital you are investing is substantial.

Requirement 2 

Your investment must be in a bona fide enterprise and may not be marginal.
A bona fide enterprise is one that is a real, active commercial or entrepreneurial undertaking which produces services or goods for profit. The enterprise cannot be an idle investment held for potential appreciation in value, such as undeveloped land or stocks held by an investor who has no intent to direct the enterprise.

A marginal enterprise is one that will not generate more than enough income to provide a minimal living for you and your family or to make a significant economic contribution.

Requirement 3

You must be in possession of the funds you will invest and the funds must be committed to your business.
You must demonstrate that the capital you invest is irrevocably committed to the enterprise and subject to partial or total loss in the event that the entity fails. The funds you invest must also be your own. Additionally, the invested funds must be substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise you are considering.

Requirement 4

You must be able to provide the source of your funding.
You must show a clear and legitimate path regarding the source of the capital you will be investing. You must also demonstrate that the funds you are investing have not been obtained through criminal means.

Requirement 5

You must be coming to the United States to develop and direct the enterprise.
You must show that you will develop and direct the investment enterprise by demonstrating ownership of at least 50 percent of the enterprise, or by possessing operational control through a managerial position or other corporate devices.

Once you have determined that the E-2 visa classification is the best pathway for you and you are ready to apply, feel free to contact our office. For more on E-2 Visas follow our blog posts on Visalawyerblog.com here and here.

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Watch this Video for Great Tip about Source of Funds for E2.

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The standards the US government considers for the E-2 visa include the requirements that:
Your investment must be “substantial”;
The stipulation that the enterprise may not be marginal means that your invested enterprise must have the capacity, present or in the future, to generate more than enough income to provide a minimal living for the E-2 visa investor and his or her family. The projected future capacity should generally be able to be reached within five years. In other words, if your investment can only make enough of money to support you and your families’ living, it would be deemed as marginal. Marginality can be documented through a strong and thorough Business Plan that documents the growth of the business, as well as the need and ability to hire additional U.S. workers.

Therefore, if the investor owns property abroad, it is suggested not to sell all assets to use for the E2. Keep some sort of additional funds or property to satisfy the Immigration service, you will support a substantial business.

Follow our E2 Visa section on the web: https://www.h1b.biz/lawyer-attorney-1137174.html
Your investment must be in a real and operating business and not a “paper company” or idle speculation;
Your investment may not be “marginal”;
You must have control of the funds used to purchase/operate the business and you must bear the risk of the investment.

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In this Video we discuss the often asked question: How much money do I need in order to obtain an E2 Visa?
There is no set standard in the law about the minimum amount of money that must be invested in order to qualify for an E-2 visa. It is a reality that the closer the investment approaches $100,000 or so, the more chances to get the E-2 case approved, but that really depends on whether a new business is being started or an existing business purchased. If it is a purchased business, they will look at past numbers to determine the amount needed. That does not mean, however, that investments of less than $150,000 cannot qualify someone for an E-2 visa. We have seen cases where applicants obtained visas with 50,000 or so. It really depends on the Business,location, and Business Plan outline.

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The E-2 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 two years, but there is no limit to how many times one can renew. The investment must be “substantial”. Investor visas are available only to treaty countries, which include countries like Albania and Senegal, but do not include Brazil, Russia, India and China.

The dollar amount of the investment normally should exceed $200,000 depending on the type of business (new or existing), although cases have been made for smaller amounts. This is an approximated amount and applicants should consult an immigration lawyer prior to making any offers for existing business. 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.

For new startups, 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 any time.

Watch our Video for more
https://www.youtube.com/watch?v=E4s-0MyTuPU