Q & A
What is an E2 Visa ?
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An E2 Visa is a temporary visa allowing foreign investors to come direct and develop their own commercial enterprise.
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Who can obtain one ?
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Anyone from a treaty country is able to apply for an E2 visa as long as they qualify for it and follow the parameters of eligibility. Here is the link to the list of countries : https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
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What is the amount to invest ?
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There is no specific number that qualifies but rather a matter of branch of activity and volume. Your case will need to demonstrate your investment is sufficient to warrant the issuance of a visa which in general means that the amount invested is large enough to render the business successful within 5 years’ time.
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What sort of funds can I use ?
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Funds acquired legally which you have control and possession of are the ones you want to use. If the originating funds are in another country vs in the US, you will need to provide evidence of the source of funds be it a business account or a personal account. Gifting a business is not considered an investment. Gifted funds for the purpose of tracing are a legitimate acquisition. Said funds must be gifted officially with documentation to be valid. Cash is king. Funds obtained secured by the investment does not qualify.
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What do I need to do as an investor ?
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You are directing and developing your own business with all the entails. You must be actively involved in the business at the corporate level. Depending on the importance of your business you will also have lower management personnel supervising other employees.
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How much time do I need to be in the US ?
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You are not compelled to be physically present in the US full time. You can be commuting back and forth to your home country. However, you will be fiscally residing in the US for taxes with an E2 visa so you want to discuss these aspects with your accountant.
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Can I have partners with me in the E2 business ?
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Yes. Two foreign partners can obtain an E2 visa under the same entity as long as they each own 50% of the shares or interest in the business (shares for Corp/Inc and membership for LLC). If you have an American partner, you will need to have no less than 50% of the shares/interest. Two foreign partners of different nationality can also do the same as long as they each own 50%.
Can one partner bring the $ and one the “know how” ?
Yes. You will need to demonstrate how each of you will function within the enterprise to make it successful.
Drawing up a Partnership Agreement will be essential in that case.
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I am planning to get my E2 visa and would like to bring in an employee with me who has the same nationality. Is that possible ?
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Yes. The employee will need to fulfill either a managerial or a function of a specialized nature to qualify.
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How many employees can I bring with me ?
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It largely depends on your need and the size of your enterprise. An enterprise relying heavily on foreign workers would be a tough situation for approval purposes.
I am a principal investor E2 and I found a good employee who is not of the same nationality. Can I still bring him on under the E2 visa employee ?
No, unless you have a partner who has an E2 visa as well and has the same nationality as your preferred employee.
Who can come with me from my family ?
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Your spouse and children under 21 years of age are eligible E2 dependents. Your spouse will be able to work without any additional documents. Your children will be able to attend school.
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What to do if a visa is refused ?​​
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Bad news is always difficult to take, especially when you have thrown yourself body and soul into a project as important as changing country, activity or even questioning the meaning of your life. We ask ourselves a large number of questions about the choice made and the result obtained.
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The first thing to do is to re-evaluate your file and establish any possible deficiencies that may have arisen. Even the best-intentioned service providers are not immune to fatal errors made in a file. Attention to detail is the most important point. Files that are not carefully completed are subject to unfortunate refusals which can be avoided.
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All is not lost. Refusals are reversible if your file is solid but was poorly presented the first time. It will be useless to present a file which does not have a solid basis. During a second presentation you will have the opportunity (as a general rule) to be seen by another officer, who will have a fresh and unprejudiced point of view on your case. However, in certain cases, it is possible that the only officer available during your new appointment is the same one. In all cases, it is up to you to establish that your case is reasonable, solid and serious.
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No service provider can replace you.
It is up to you to convince an officer of your good faith.
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What is the difference between my status and my visa?
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Status is your legal state once in the United States. This is governed by a form called the I-94 which is physical proof of your authorization to remain in the territory legally. The I-94 is automatically issued electronically by the officer upon entry into the United States when entry is by air. You can obtain a copy of the I-94 from the following official website: https://i94.cbp.dhs.gov/I94/#/home.
However, when returning by land, you must first apply for I-94 online before crossing the border for a cost of $6.
NB: a loss of legal status has serious consequences on the possibility of remaining in the United States. Preserve it at all costs.
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A visa is a document that only authorizes you to request entry to the United States for a specific period and for a specific reason. In no case is a visa an authorization to stay in the territory during the validity period. Under certain categories, the visa period coincides with the period authorized on the I-94 but this is not always the case so you must carefully check that your I-94 is valid even if your visa has expired.
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THIS SECTION GETS UPDATED WITH NEW CONTENT ALL THE TIME. CHECK BACK FOR MORE ANSWERS
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