Both E-1 and E-2 visas are intended for the use of individuals who are entering the country for the purposes of trade, or commerce, and investing. Generally, these are executives or employees from a foreign company who come to businesses in the United States for a temporary business enterprise. In order to qualify for an E-1 or E-2 visa, you must meet specific criteria. In addition, these visas are non-immigrant visas, meaning that you do not intend to reside within the United States permanently.
In order to qualify for the E-2 visa, you must be able to demonstrate that you have made or intend to make a large investment while within the United States. As your immigration attorney, we help you obtain the proper documentation to prove the investment, and walk you through the steps to renew your visa every two years, if necessary. If you are granted an E-2 visa, it is important to know that your spouse may work while in the United States, though your children may not. To qualify for an E-2 visa:
Because your entrance into the country likely puts some of your business and your finances at risk, you want to make sure you are taking every necessary precaution to protect yourself. As your Seattle immigration attorneys, Millar & Hayes are your advocates. We have more than a decade of experience and aim to help you conduct businesses seamlessly through proper documentation and make sure your visa does not lapse.
An EB-5 visa can directly get an applicant a green card through investment - to learn more about EB-5 visas, PRESS HERE .
Working with investor visa cases is our bread and butter. We handle these types of cases continuously and we do so with the professionalism, care and diligence that you expect. We provide full service representation for filing in the U.S., processing at the consulate in the foreign country, and entering the U.S. We defend against actions and requests for evidence from the government and guide the case through the processing to ensure it is handled properly. Due to the federal nature of immigration law, we serve clients in all U.S. states and throughout the world. Contact us for more information or to start your case. If you are serious about getting legal assistance a consultation is the best place to start. Spend up to a full hour with an immigration attorney to discuss the details of your case, get answers to your questions, work through complex issues and supporting documents and plan an immigration strategy for obtaining benefits.Schedule a Consultation
E-2 Visa holders must have invested or be actively in the process of investing.
The E-2 investor must show that he or she has either made a substantial investment or is actively in the process of making a substantial investment in the enterprise. Where an enterprise is in the process of formation, it must be show that the funds have committed and are at risk. The funds must be irrevocably committed to the business.
A qualifying investment must be a real and active commercial or entrepreneurial undertaking, producing some service or commodity. An investment is the treaty investor’s placing of capital, including funds and other assets at risk in the commercial sense with the objective of generating a profit.
E-2 visa holders must have a controlling interest in the enterprise.
An interest of less than 50 percent usually will mean that the E-2 visa applicant does not have the requisite control, particularly in smaller enterprises. However, an equal share of the investment in a joint venture or equal partnership of two partners generally does give controlling interest, if the joint venture and partner each retain full management rights and responsibilities.
The E-2 investment must be substantial
No set dollar amount constitutes a minimum amount of investment to be considered “substantial” for E-2 purposes. This requirement is met by satisfying the “proportionality test.” The test is a comparison between two figures: the amount of qualifying funds invested and the fair market value of the established business, or, if a newly created business, the cost of establishing such a business.
The E-2 enterprise must be more than marginal
The E-2 visa applicant must not be investing in a marginal enterprise solely for the purpose of earning a living. An E-2 visa applicant is not entitled to E-2 classification if the investment, even if substantial, will return only enough income to provide a living for the applicant and family. The enterprise must have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family or the capacity to make a significant economic contribution.
An applicant for an E-2 visa need not establish intent to proceed to the U.S. for a specific period of time. Although an initial two-year period of admission is granted to persons coming to the U.S., this period can be extended indefinitely. Extensions of temporary stay, however, may be granted in increments of not more that two years.Spouse and Children
There is no derivative E visa category. Therefore, the spouses and children (unmarried and under 21) of a principal E nonimmigrant are admitted in the same category as the principal.
E spouses are eligible to apply for work authorization. E children do not have authorization to work in the U.S.
E visa cases are one of the specialty practice areas of our firm. If you are interested in learning more about investor visas then it is imperative that you enlist the help of a Seattle or Vancouver immigration lawyer. We strongly recommend that you speak with Millar & Hayes about an investor E visa and how it applies to your situation. You can use the time in your appointment discuss an immigration strategy. Our work to help set you up for a bright future can be a vital step in helping your business blossom into the future. Contact us for more information or to start your case.