E-2 Visas (Treaty Investor)

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Investor Visa Lawyers

The E-2 nonimmigrant visa allows foreign investors and entrepreneurs from treaty countries to enter the U.S. when they invest a substantial amount of capital into a U.S. business. There are several E-2 visa eligibility requirements pertaining to the investor, the enterprise, and the investment itself. Our Los Angeles-based visa lawyers can help guide you through each step of the process of obtaining an E-2 Investor Visa. First, we’ll take the time to discuss your business objectives and needs in order to gain a full understanding of your immigration goals.

What are the eligibility requirements for an E-2 Investor Visa?

To be eligible for E-2 classification, investors and entrepreneurs must:

  1. Be a national of a treaty country;
  2. Have invested or is investing a substantial amount of capital into a bona fide U.S. business. There is no minimum investment required for an E-2 visa.
  3. Enter the U.S. for the sole purpose of developing and directing the business, as demonstrated through at least 50% of ownership in the business or operational control through a management position or similar corporate position.

A list of all 80 current treaty countries can be found at: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html. If you are the employee of a treaty investor, you may qualify for an E-2 visa if you are of the same nationality as the principal employer, meet the definition of “employee,” and will have an executive, supervisory, or otherwise essential role with the enterprise.

How to apply for an E-2 Visa

Foreign investors and entrepreneurs who are outside the United States should apply for an E-2 visa at the U.S. Embassy or Consulate in your country. Apply online using Form DS-160, Online Nonimmigrant Visa Application, along with supporting documents, and pay the fee. If you are an executive, manager, or another essential employee of the treaty investor, you or your employer must also complete Form DS-156E, Nonimmigrant Treaty Trader/ Investor Application.

Most applicants will be required to schedule an interview with the Consulate or Embassy. Wait times for appointments vary by location and, due to the global pandemic, many locations are currently offering appointments on an emergency basis only. If you must travel for an urgent business reason, you may be able to qualify for an expedited interview date.

If you are already in the United States under a different nonimmigrant status, you may file Form I-129, Petition for a Nonimmigrant Worker to request a change of status to E-2 classification. If you are a treaty investor’s employee, Form I-129 must be completed on your behalf by your qualifying employer. Our highly experienced investor visa lawyers can assist you in each step of the E-2 visa application process.

Period of Stay and Conditions

The initial period of stay for an E-2 nonimmigrant is, at maximum, two years. The period of stay may be extended in two-year increments without a limit to the number of extensions. Generally, if an E-2 investor or entrepreneur travels abroad and reenters the U.S., they will be granted an automatic two-year period of readmission. The investor must, however, maintain the intention to leave the U.S. when their status expires or terminates.

An E-2 investor can only work in the activity that he or she was approved to do by USCIS. Additionally, any substantive changes to the terms or conditions of E-2 status must be approved by USCIS.

Family Members

Spouses and unmarried children under the age of 21 may seek E-2 dependent classification. Spouses of E-2 treaty investors can apply for work authorization, without restriction to where they can work. Typically, the period of stay for family members is the same as the E-2 investor. Unless accompanied by the E-2 visitor at the time of readmission, E-2 dependents will not automatically receive a two-year period of readmission.

Speak with an E-2 Investor Visa Lawyer at Bolour / Carl Immigration Group

If you are a foreign investor or entrepreneur seeking an E-2 investment visa, please do not hesitate in contacting our Los Angeles-based investor visa lawyers. Call us at (323) 857-0034 today. We also speak Spanish and Persian for your convenience.

Getting A Visa For US Investors

If you’re coming to the US for business purposes, you may need to contact Los Angeles entrepreneur and investor visa lawyers you can trust. Investor visas are designed to encourage economic growth by attracting foreign capital and expertise. At Bolour / Carl Immigration Group, APC, we understand the importance of these investment opportunities and provide guidance to our clients throughout their visa application process.

Types Of Investor Visas

Two primary types of visas are available for investors: the E-2 Treaty Investor Visa and the EB-5 Immigrant Investor Visa. Each serves a different purpose and comes with its own set of requirements, but your Los Angeles investor visa lawyer can keep you in the loop:

E-2 Treaty Investor Visa

The E-2 visa is available to nationals of countries with which the United States maintains a treaty of commerce and navigation. This visa allows an individual to enter and work in the U.S. based on an investment they will be controlling. The investment must be substantial, and the enterprise must be a bona fide entity engaged in commercial or entrepreneurial activity.

For an investment to qualify, it must meet several criteria. It should be large enough to ensure the successful operation of the enterprise. The amount of investment varies by the nature of the business but generally must significantly impact the company’s performance or demonstrate a substantial percentage of investment in a new enterprise.

EB-5 Immigrant Investor Program

The EB-5 visa provides a method for eligible Immigrant Investors to become green card holders, which is a privilege that permits them and their families to live and work permanently in the United States. This visa requires an investment of $1.8 million or $900,000 in a targeted employment area (TEA), which generally includes rural or high-unemployment areas. The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the United States as a Conditional Permanent Resident.

Application Process And Considerations

The application processes for E-2 and EB-5 visas can be complex and demand detailed documentation and proof of investment plans. For the E-2 visa, investors need to demonstrate that the funds have been committed to the investment and that the operation is active and ongoing. For the EB-5, the process involves not only proving that the investment meets the required threshold and job creation requirements but also that the funds used for investment were obtained through lawful means.

Why Choose Bolour / Carl Immigration Group, Apc

Choosing the right legal partner when applying for an investor visa is crucial. We at Bolour / Carl Immigration Group, APC specialize in immigration law and have extensive experience handling investor visa cases. We provide personalized service tailored to each client’s specific needs and circumstances, ensuring that the investment not only complies with U.S. legal standards but also serves the best interests of the client.

Contact Us Today

If you are considering an investment in the U.S. and need assistance with obtaining the appropriate investor visa, do not hesitate to contact us. Investing in the United States offers tremendous opportunities, and with our help, you can navigate this complex process with confidence and security.

Reach out to Bolour / Carl Immigration Group, APC today, and see how a Los Angeles entrepreneur and investor visa lawyer from our office can help.

Your Options When Your EB-5 Project Fails

Los Angeles entrepreneur and investor visa lawyers can help you if your EB-5 project encounters unexpected difficulties. At At Bolour / Carl Immigration Group, APC, we have been helping thousands of visa applicants since 1993 – and during all that time, we’ve built a solid to-do list for the worst case scenario.

Assessing The Situation

When faced with a failed EB-5 project, the first step is to thoroughly assess the situation. This includes understanding the reasons behind the project’s failure, the current status of your investment, and the impact on your immigration status. It’s essential to gather all relevant documentation and information about the project and your investment.

Impact On Your Immigration Status

The failure of an EB-5 project can have significant implications for your immigration status. If your I-526 petition has not yet been approved, you may need to identify a new investment opportunity and file a new petition. If your I-526 petition has been approved, but your I-829 petition has not, you will need to demonstrate that your investment has created the required jobs, or seek an alternative investment to fulfill this requirement.

Exploring Alternative Investment Options

One potential option is to reinvest in a new EB-5 project. This can be a complex process, as you will need to ensure that the new project meets all EB-5 requirements and can support your immigration goals. It is important to conduct thorough due diligence on any new investment opportunity, including reviewing the project’s business plan, financial projections, and job creation potential.

Legal Recourse And Financial Recovery

If your EB-5 project fails, you may have legal recourse to recover some or all of your investment. This could involve pursuing claims against the project’s developers, managers, or other parties responsible for the failure. It’s crucial to work with an experienced attorney who can help you understand your legal options and pursue the appropriate course of action.

Maintaining Compliance With Eb-5 Requirements

Throughout this process, it is essential to maintain compliance with all EB-5 requirements. This includes ensuring that your investment remains at risk, demonstrating that your funds were lawfully sourced, and meeting the job creation requirements. Failing to comply with these requirements can jeopardize your immigration status and your ability to obtain a green card.

Alternative Immigration Pathways

If continuing with the EB-5 program is not a viable option, you may want to explore alternative immigration pathways. There are several other visa categories that may be suitable for your situation, depending on your qualifications, business interests, and immigration goals. Consulting with your Los Angeles entrepreneur and investor visa lawyers can help you identify and pursue alternative options that align with your objectives.

Staying Informed And Proactive

Dealing with a failed EB-5 project requires a proactive approach. Staying informed about your options and actively seeking solutions can help you navigate this challenging situation. It is important to work closely with an immigration attorney who can provide guidance and support throughout the process.

Our Commitment To Your Success

At Bolour / Carl Immigration Group, APC, we understand the challenges that come with a failed EB-5 project. Our team is dedicated to helping you explore all available options and find the best path forward. Contact us today, and see how an LA entrepreneur and investor visa lawyer from our office can help.

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