The E-2 Visa is a non-immigrant visa that is available for foreign entrepreneurs looking to come to the United States to direct a business in which they have made a substantial investment.
The E-2 Visa has two main requirements:
The applicant must be a national of a country with which the United States maintains a treaty of commerce and/or navigation; and
The investment must be substantial. If you are buying an existing business, the investment must be at least half the total value of the company. If you are starting a new business, the investment amount must cover the costs of establishing the business.
If you are considering applying for an E-2 visa, here are some tips:
Tip 1: Choose your business structure with the help of a business lawyer
The business structure you choose for your E-2 business will have a significant impact on taxes and liability protection. It is crucial to consult with an experienced business lawyer who can educate you on the advantages and disadvantages of each of the business structures available and help you choose one.
In Florida, the most popular business structures for the E-2 visa are Limited Liability Companies (LLCs) and Corporations. The business structure you choose will depend on your unique business needs and goals. A qualified business attorney can help you make an informed decision.
Tip 2: Make sure to set up your business entity properly
Setting up your business properly is a crucial step in creating any business in the United States. Setting up a business entity in Florida entails much more than merely filing documents. Mistakes at this stage can have severe consequences in the future. Thus, why applicants are generally more comfortable retaining a business immigration attorney for the E-2 visa application process.
Tip 3: Invest more than you think you need
Although one of the main requirements of the E-2 visa is to invest a substantial amount of capital, the E-2 visa guidelines do not specify how much money applicants should invest. Whether an investment is substantial depends not only on the amount of money but on the business nature too. A clear business nature can make knowing how much to invest highly difficult. If you invest an amount of capital the USCIS does not consider substantial, they will deny your E-2 visa. This is why E-2 visa applicants should consider investing more than they think they will need. Better safe than sorry.
Tip 4: Create a highly detailed business plan
When you apply for an E-2 visa, very little things are more important than a detailed business plan. This document provides the USCIS with an idea of your business strategies for the future. Your business plan should:
Explain what products and services you will offer;
Describe your business assets, resources, and expenses; and
Provide 5-year projections outlining your plans to increase profit and expand your business.
Tip 5: Provide as much evidence of the source of the funds as possible
Make sure to provide highly detailed documented evidence showing the legal means through which you obtained the investment funds. The more evidence you provide, the better. This step is crucial, as the USCIS will not approve your E-2 visa unless they are certain the funds you invested came from a legal source, and no criminal activities were involved.
Tip 6: Work with an E-2 Visa Lawyer
This is probably the most important tip we can give you. No matter what visa category you are after, the help of an immigration attorney who understands the nuances of the application process is the key to a successful application.
At Jurado & Farshchian, P.L., no matter what visa you need, we can help you apply for it and teach you how to increase your chances of obtaining it.
To learn more about our services, give us a call at (305) 921-0440 or send us an email to [email protected] or via WhatsApp https://wa.me/13059210440 to schedule an initial consultation with one of our immigration experts.
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