Deal Done 21 | Citizenship | Skilled Immigration | Business Immigration
A citizen of a country with whom the United States has a treaty may apply for an E-2 visa, which is based on investment in a new or existing U.S. firm, in order to live and work in the United States. Under the E-2 visa category, a foreign entrepreneur may establish a business in the United States. This visa is only available to investors from select Treaty countries, including Australia, the United Kingdom, Mexico, Taiwan, and Ethiopia.
The investor is free to work and live in the United States and can invest in any US firm, but they are restricted to their specific field. Holders of E-2 visas have free access and departure from the United States, and the E-2 treaty extends to the investor’s family. They can be granted permission to work in the United States through the use of an employment authorization document.
Foreign nationals from treaty countries that desire to do business in the United States. A treaty country is a foreign country that has any of the following characteristics:
maintains a commerce and navigation agreement with the US.
maintains an acceptable international pact.
legally recognized as a qualifying nation.
E-2 visa Treaty nations are countries with whom the United States has trade and nautical treaties. Nationals of treaty nations must visit the United States to engage in qualifying activities involving considerable commerce, principally between the United States and the treaty country, such as trade in services or technology. They must also be visiting the United States to build and operate a firm in which they have made a significant investment.
Here’s the list of the treaty countries:
These benefits are granted through the E-2 visa for foreign investors and their family (spouses and minor children under 21).
Legally do business in the United States. You may be hired by the same US firm in which you invested.
The United States is open to foreign travel. You are allowed to travel within and outside of the United States as long as your E2 visa is still valid.
Obtain an E-2 visa for your dependant spouse and minor children. Your spouse can work in the United States with an Employment Authorization Document (EAD). Your children can study in the United States as dependents with an E-2 Visa.
Here are the prerequisites for obtaining an E-2 Visa.
· Be a citizen of a nation that has a treaty in place with the US.
· Requires a minimum 50% ownership percentage and an investor investment of at least US $150,000.
· Relocate to the United States to start and operate the firm – The investor should run, manage, and build the company. E2 visa treaty investors are normally required to own and control at least 50% of the US firm as well as having the required nationality. The firm must either be in operation or be in the process of starting up. The E2 Treaty Investor must be active in managing the business in order to be “Directing and Developing” it.
· By hiring Americans, you may generate significant profits for investors and the economy. The E2 business should not be considered “on the side.” Citizens of the United States should be able to find work today and in the future. Despite the fact that there is no clear legal need to recruit a specified number of US citizens or residents, the treaties aim to be more than just a platform for the large investor to create jobs. It is feasible to meet the demands even with a little team. It should be sufficient to indicate that you intend to hire a few employees in the next years.
· The money must be regarded “at risk” – Because the money cannot be guaranteed, the investment must be considered “at risk,” which means there is a probability of both gains and losses
These are the documents that you need to prepare and submit with your E2 Visa application.
• Form DS-160.
• Nonimmigrant Treaty Trader / Investor Application.
• A photocopy of your passport valid for at least six months beyond the period of your stay in the U.S. and with at least one blank page.
• Colored passport-style photograph against a light background showing full face with no head covering.
• Your curriculum vitae.
• A Business Plan describing the future investment scheme.
• Proof that you will be hired in an executive or supervisory position, or have highly specialized skills necessary to the dynamic operation of the firm.
• Proof of possession and control of investment capital (financial statements, bank records, savings, loans, or promissory notes).
• Proof of remittance to the U.S. (transfers exchange permits or receipts, bank drafts).
• Proof of creation of the business in the U.S. (partnership agreement, articles of incorporation, organization and staffing charts, contracts, titles, shares, licenses or leases, receipts).
• Proof of the investor’s citizenship (passports, stock exchange listings, or articles of incorporation of the parent firm).
• Proof of U.S. investment (titles, contracts, receipts, loans, or bank statements.).
• Proof of actuality (financial statements, U.S. corporate or business tax returns, audits).
• Proof that the enterprise is promising and will make a substantial contribution to the U.S. economy (IRS Form 941, payroll records, personal tax returns, evidence of other personal assets and income).
• Proof that the business is a genuine, operating entity (annual reports, sales literature, catalogs, news articles, and other evidence applicable).
The applicant’s location influences how soon an E-2 Visa is processed. The processing time for international investors who are already in the country is approximately 5 months. The processing time for international investors outside the United States ranges from two weeks to four months on average. By selecting the optional premium processing, the processing time is reduced to 15 calendar days.
The E-2 Visa has a validity length ranging from 3 months to 5 years, depending on the country of origin. The E2 Visa can be extended indefinitely.
A foreign investor or employee may only participate in activities for which they have been granted E2 status.
E-2 visas serve two functions. A dual-intent visa allows a foreign individual to visit the United States temporarily as a non-immigrant and then opt to stay permanently under one of the immigrant visa categories.
With an E-2 visa, you can apply for a green card by switching to an immigrant visa.
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