What is the E-2 Visa?
The E-2 Treaty Investor Visa allows individuals from treaty countries to enter and work in the United States based on their investment in a U.S. business. It is a non-immigrant visa, but it can be renewed indefinitely as long as the business remains active and meets the visa requirements.
Step 1: Confirm Treaty Country Eligibility
Before applying for an E-2 visa, you must be a citizen of a country that has an E-2 Treaty agreement with the U.S. You can check the U.S. Department of State’s list of treaty countries.
How Lawtiq.com Can Help:
Verify your nationality eligibility.
Explore alternative visa options if your country is not eligible.
Step 2: Choose a Qualifying Business
The investment must be in a bona fide enterprise that is real, active, and operating. It cannot be a passive investment (such as stocks or real estate).
Key Criteria for a Qualifying Business:
It must be a legitimate, profit-generating enterprise.
The investment must be substantial, typically over $100,000, but there is no fixed minimum.
It should provide enough income to support the investor and their dependents.
How Lawtiq.com Can Help:
Identify viable businesses for investment.
Provide guidance on industry trends and legal structures.
Step 3: Register a U.S. Business Entity
To qualify for the E-2 visa, you must form a legal U.S. business entity, such as an LLC (Limited Liability Company) or Corporation.
Requirements:
Register with the Secretary of State in the chosen state.
Obtain an EIN (Employer Identification Number) from the IRS.
Open a U.S. business bank account.
How Lawtiq.com Can Help:
Assist with business registration and legal documentation.
Help in obtaining an EIN and setting up a U.S. bank account.
Step 4: Make a Substantial Investment
The investment must be at risk, meaning it is actively committed to the business and not just sitting in a bank account.
Examples of Qualified Investments:
Purchasing or leasing office space.
Buying equipment and inventory.
Hiring employees and marketing expenses.
How Lawtiq.com Can Help:
Advise on structuring the investment.
Connect with financial advisors and U.S. banking services.
Step 5: Prepare a Strong E-2 Visa Business Plan
A detailed business plan is crucial to your application. It should include:
Business overview and industry analysis.
Financial projections for 5 years.
Job creation and hiring plans.
How Lawtiq.com Can Help:
Create a professional E-2 business plan that meets USCIS requirements.
Provide financial forecasting and job creation strategies.
Step 6: Apply for the E-2 Visa
There are two ways to apply:
From Outside the U.S.: Apply at a U.S. consulate or embassy in your home country.
From Inside the U.S.: If you are in the U.S. on another visa, file a Change of Status (Form I-129) with USCIS.
Required Documents:
DS-160 (Non-immigrant Visa Application Form)
DS-156E (For Treaty Investors)
Business registration documents
Investment proof (bank statements, invoices, leases, etc.)
Business plan and financial records
Passport and visa application
How Lawtiq.com Can Help:
Guide you through document preparation and submission.
Assist in filling out USCIS and consular forms.
Step 7: Attend the Visa Interview
Once your application is processed, you will be scheduled for a visa interview at a U.S. embassy or consulate.
Common Interview Questions:
What is the nature of your business?
How much have you invested?
How will your business contribute to the U.S. economy?
How Lawtiq.com Can Help:
Provide interview preparation and mock interviews.
Offer insights on expected questions and responses.
Step 8: Receive Your E-2 Visa and Move to the U.S.
If approved, your E-2 visa will be issued with an initial validity of 2 to 5 years. You can now legally enter the U.S. and begin operating your business.
How Lawtiq.com Can Help:
Assist in relocation and settling in the U.S.
Provide business consulting and networking opportunities.
Step 9: Renew Your E-2 Visa
E-2 visas can be renewed indefinitely as long as the business remains operational and meets investment and job creation requirements.
How Lawtiq.com Can Help:
Assist with visa renewals and compliance.
Provide ongoing business legal support.
Contact Lawtiq.com today to start your journey to the U.S. on an E-2 Visa!
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