E2 Visa Lawyer in NYC

New York City E2 Visa Lawyers

The E-2 Visa Requirements

To apply for an E-2 visa, the investor should be a corporate entity hailing from a nation that has a treaty with the United States, as previously noted. A crucial component is the requirement for a substantial investment, which should be adequate to ensure the enterprise’s successful operation. Interestingly, for businesses with lower costs, the investment percentage should surpass that of higher-cost ventures.

Idle or speculative investments, such as maintaining a bank account with unallocated funds, won’t suffice. What’s crucial is an investment in a real, functioning business entity. Importantly, the funds should remain under the investor’s control and pose a commercial risk.

Moreover, the investor shouldn’t leverage assets from the business investment to secure a loan. Taking charge, the investor must establish and oversee the enterprise within the United States. If not leading the investment, the applicant must either hold a supervisory or executive position or possess specialized skills vital for the enterprise’s functioning.

The E-2 Investor Visa

Often considered the prime choice for those investing in or launching a business in the U.S., the E-2 visa has specific requirements:

Firstly, the investment should be deemed “substantial.” While no fixed minimum exists, the Foreign Affairs manual does consider investments in medium or small-scale businesses. Essentially, the amount invested is juxtaposed against the venture’s purchasing or establishment cost. Typically, investments range between $100,000 and $150,000, though variations exist. However, financing shouldn’t exceed 25%–30% of the purchase price.

Secondly, commitment is key. The investment should be securely placed in an escrow account, ensuring its irreversibility. Merely having funds in a business account won’t suffice for the E-2 visa. Furthermore, the investment should be more than just marginal. It should not only sustain the investor and their family but also bolster the U.S. economy by providing employment opportunities.

Additionally, the funded venture should be a tangible, active commercial or entrepreneurial endeavor. The investor’s active involvement in its direction and development is expected. Passive investments like unallocated bank funds or speculative stocks won’t meet the criteria. Also, it’s pivotal that the investor is the primary source of the invested funds. While personal loans or gifts can count as investments, they shouldn’t risk the business as collateral.

Other E-2 Visa Considerations

Present regulations permit two co-investors to pursue E-2 visas and actively participate in the business. These co-investors can either be related or unrelated. Furthermore, an E-2 visa investor’s spouse can seek work authorization upon arriving in the U.S., enabling them to work for any employer. Additionally, dependent children under 21 typically receive visas valid until their 21st birthday.

New York E2 Visa Lawyers: Chan Law Firm

Located in New York City, Chan Law Firm is your go-to for E-2 visa guidance. With our deep expertise, we make the visa process straightforward for entrepreneurs and investors, ensuring you’re on the right track every step of the way.