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Evelyn Susan Ginossi

Evelyn Ginossi’s Answers

104 total


  • Doing business on a B1 business visa

    Hi - My question is, can I incorporate a company in the U.S. and attend to business there, from time to time, on a B1 visa? The intent is to meet with clients, or stakeholders for some days every few months, so no other visa type seems prudent. ...

    Evelyn’s Answer

    You can't actively manage the business on a B1 but as my colleague mentioned, if you're there for meetings, market research, and attending conferences and trade shows, those are all permitted under the regulations. I've had clients who have made trips to the US under a B1/B2 visa in preparation for their E-2 visa application as well. However, if you're seeking to actively manage the business on a long term basis, then you will need to switch into another category. Speak to an immigration attorney regarding your options.

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  • E2 Visa Proportionality Test

    How much do I need to invest to pass the proportionality test, For example, if the total cost of the business is 1,30,000 dollars would investment of 75,000 dollars be sufficient. Thanks for the help.

    Evelyn’s Answer

    • Selected as best answer

    Proportionality is subjective and depends on what the business is as well as what the money has been spent on to date.There are no bright line percentages that exist in order
    for an investment to be considered substantial. Essentially, the lower the cost of the business the higher a percentage of investment is required. Thus, investments of 100 percent or a higher percentage would normally automatically qualify for a small business of $100,000 or less. At the
    other extreme, an investment of $10 million in a $100 million business would likely qualify, based on the sheer magnitude of the investment itself.

    The proportionality test for a new business looks at the actual cost needed to establish a business to the point of being operational. The actual cost can usually be computed as the investor should have already purchased at least some of the necessary assets and, thus, be able to provide cost figures for additional assets needed to run the business. For example, an indication of the nature and extent of commitment to a business venture may be provided by invoices or contracts for substantial purchases of equipment and inventory; appraisals of the market value of land, buildings, equipment, and machinery; accounting audits; and records required by various governmental authorities.

    Hope this helps.

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  • I'm on E2 visa (Employee) I want to bring my daughter here .

    I'm on E2 visa (Employee) I want to bring my daughter here . What type of document do I need to prepare and what type of form do I need to fill? Is it only DS-160? Thank You

    Evelyn’s Answer

    Yes, your dependent child will be able to attend high school. You won't need any additional documents from your employer, but as my colleagues have stated, she will require details regarding your valid status.

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  • Filled my LLC for E2 intention and a question about registering my CapEx

    I'm Egyptian, living currently in Egypt, I filled my U.S. LLC (Trucking business), I filled Tax ID & certificate of formation. I opened a bank business account, I bought a used truck & trailer to operate, i got the truck title. My plan is to lease...

    Evelyn’s Answer

    The assets should be owned by the US company that you intent to apply for an E-2 under. Please keep in mind that you will need to trace the origin of funds as well as their entry into the US (where the money came from as well as where the money went). Thus, if the assets are held by another entity, you may not be able to count those funds for purposes of calculating the investment total under the primary LLC. If you do try to include it, your structure, investment and strategy will need to be outlined in detailed in your business plan included in your filing.

    Good luck!

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  • Can I apply for e2 visa if I hold only 50% share in the company and other 50% is held by two other persons (25% each).

    I am planning to purchase 50% share in a retail business. This business is currently owned by two partners . After the purchase there will be 3 partners. My share will be the highest i.e 50% and other two will have 25% each. Can there be 3 pa...

    Evelyn’s Answer

    You qualify as an investor so long as you own a 50% share in the business. Be sure to keep detailed records of the origin and destination of invested funds as that is essential for a successful E-2 application. Good luck!

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  • E-2 Visa require company info: Does it have to be a (new) US based company, or is a European company accepted as well?

    USCIS asking for the requesting company, section 5:-)

    Evelyn’s Answer

    There can be a relationship between the European company and the US company (parent-subsidiary), but ultimately the investment must be shown in an American company to obtain the E-2 Visa.

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  • Will i get a better opportunity for E2 visa approval if i apply for it after establishing & operating my business,?

    Counting on showing & proving a real successful business case, returns, profits & definitely tax payments & labor wages. Noting that im neutral with both scenarios either to apply pre or post my launch. If yes, when duration do you think is suffic...

    Evelyn’s Answer

    • Selected as best answer

    In order to apply for the E-2 visa, you do need to show that funds have been irrevocably committed and that there is a risk of loss of investment. So in order to get to that point, many investors will launch prior to applying for their E-2.

    Best of luck to you!

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  • Regarding an E3 visa - change of employer

    I currently hold an E3 visa but am hoping to change employers. There is a bit of a debate online on how you can go about this - Some people say your new employer needs to file and LCA and once that is approved you can begin working with t...

    Evelyn’s Answer

    Your new employer must do more than just file a new LCA. They also need to file a new I-129 petition and you won't be able to begin work until that petition has been approved (which can take about 4-6 weeks).

    Some elect to leave and essential reapply for the E-3 because they need to start their position sooner than the time it can take to process the E-3 internally. Yes, it's more costly but thankfully not necessary.

    You will basically be filing an entirely new application with the USCIS to ensure that you meet the requirements of the E-3. So they will need to see that the position is a specialty occupation and that you've got a university degree (in addition to the other requirements, of course!)

    Once you get a notice of approval you'll get an extension of the date on your I-94 card and you can start working (but not before!).

    Good luck!

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  • Do you need to leave the country to change visa status from B1/B2 to E3 working visa?

    A friend of mine is a citizen of Australia and is looking to come to Texas on a B1/B2 visa for holiday. If he ends up liking it here however, he would potentially like to find employment here and apply for his E3 visa. He does have his BS degree e...

    Evelyn’s Answer

    • Selected as best answer

    Yes, he will need to leave the country to apply for his first E-3 visa. Thereafter, he'll be able to extend his stay without leaving provided that his employer information remains the same.

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  • As a CEO of an Incorporation Company who has 51% can i sell my share or list the company for sale?

    Inc Company my share : 51% my partner 49%

    Evelyn’s Answer

    I agree with my colleagues. You will need to review the shareholders agreement and bylaws to determine what your rights are, whether consent is required, and the procedures you must follow. It is wise to consult with an attorney before proceeding.

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