The Houston Guide To Investment E2 Visa

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The E2 visa is one of the Visas that fall under the category of E visa. The United States and 78 other countries in the world have entered into treaties that allows business people from these countries to develop and conduct business within the United States. The applicant has to come to the United States to take on a significant role in the industry. Toppins Law Firm provides a clear guide of how to obtain the E-2 visa.

Requirements for the E2 visa

Citizenship of a treaty country

For you to be an eligible applicant for the E2 permit, the first step of verification usually involves checking whether you are a member of a country that has a navigation or commercial treaty with the United States. In case your country is one of the major trading partners with the United States does not mean that they are in a treaty. Some of the countries that are major trading partners with the United States but are not in the list of Treaty Countries include India, China, and Brazil.

Qualifying citizen should own the business to be created

If you are looking to set up a business branch in a state in the United States, say in Houston, Texas, the business should be owned majorly by you or citizens of the treaty country you originate. That means you should hold at least 51% of the company and be the principal shareholder(s).

The investment to be made has to be a substantial amount

While a substantial investment is not entirely specified in this case, the same is determined by how much is required for a business that exists to be further developed or the cost of establishing a new business. There is no specific amount since even a small amount of investment can be sufficient to fund the expansion and development of an existing business. Also, other than the investment funds being substantial, they have to be your own. You should have legitimately acquired the resources and have proof of the same. You can obtain the money from your legal operations, or they can be a gift or loan. Regardless of the source, the important thing is that the funds have to be substantial and legitimate.

The business enterprise should be bonafide and non-marginal

The business enterprise should be fully operational providing goods or services to people for purposes of generating profits. A non-marginal business is a business capable of creating enough capital to support other persons other than the visa holder.

Application for the E2 visa

It is always advisable to employ the services of an experienced and knowledgeable immigration attorney to help you apply for the visa. Many twists and turns usually characterize the visa application process, and a small mistake can result in a petition being rejected or longer waiting for the applicant as they will have to start the application all over again. Some of the forms and documents you require to file your petition include:

  • The Form DS-160. It is a Non-immigrant Visa Application form that all applicants for all types of non-immigrant visas have to fill.
  • Form DS-156E – This is a Trader Investor Application form required if you are a treaty trader applying for the E-2 visa specifically.
  • You need to compile all documents that show that your company is majorly owned and controlled by citizens of the treaty country you are a citizen. These records include share certificates and filing papers.
  • The other requirement is proof that the business is bonafide. The materials that will be required here include tax returns, business licenses, a summary of payrolls and financial statements.
  • Proof that funds you are going to invest are legitimate and were legally obtained. You have to provide evidence that shows the source and the path the money has taken reach your hands.
    A passport.

Once you have obtained all the required documents and completed the necessary ones accurately, you will be required to pay the application fee and let your attorney file the petition for you. The process mentioned above is for persons who are applying from within the United States. If you want to apply for the E2 visa and you are not physically located in the United States, you will not similarly file your application. The United States Citizenship and Immigration Services recommends that you follow the guidelines stipulated by the United States Departments of State to file your petition.

When filing for an E2 visa, timing is critical. Ensure that you know the requirements on time and gather all the required documents before you begin applying. Work closely with your immigration attorney and ensure that you fill the reports accurately and file them early enough. Late filing of the required documents can lead to your visa interview being canceled. After the application, you will be required to wait for the petition to be processed. If satisfied, the USCIS will inform you of the date to obtain your visa.