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Currently on L1A and what are possibilities of E2

Dallas, TX |

Hi Currently I am working as a Hotel manager on L1A from last 3 and half years . I was transferred from India . I have an investor from Canada who wants to start a hotel operation in US . I want to work for him as a passive partner . We don't have huge amount for investment , We are planning to put some down and take a bank loan and start the business . In this case can i transfer myself from L1A to E2 .

Attorney Answers 4


Consult with an attorney. The investment must be "substantial" so a loan without a guarantee by you would not be sufficient. We generally like ot show a cash investment ofat least $100k for an E-2 visa. If oyu can satisfy the criteria you can change status from L to E-2

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I assume you are from India. If this is the case you are out of luck. Stick to L1A.

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No. India does not have an E-2 Treaty with the US.

For the Canadian investor to be able to hire you as an "indispensable employee of an E-2 Investor" or in an executive /managerial position, you'll need to be the same nationality as the main Investor.

Also, the investment amount must b e"substantial" for the type of business one invests in. While there is no officially defined minimum amount, the lower the value of the business purchased or set up, the closer the amount of the investment must be close to a 100 % of the total. Tat is especially true for businesses valued at less than $100,000.

Loans are OK, but cannot be secured by the business.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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As one of my colleagues mentioned, you are not eligible for an E2 visa if you're from India. Have you been working for the investor at all? If so, and you've worked for him for 1 out of the 3 years you may qualify for an L1A - start-up visa. It's a one year visa, but the important thing is that you worked for the investor for at least 1 out of the last 3 years in an executive or managerial capacity. I don't know if you've done that, but if not then you won't qualify to work for the investor with an L1A.

This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.

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