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 .
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.
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.
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