E2 Visa 2021: The Three Most Important Areas of Focus to Obtain Approval
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- เผยแพร่เมื่อ 29 ส.ค. 2024
- Attorney Rusten Hurd explores three of the most significant hurdles associated with obtaining the E-2 Visa headed into 2021. As many consulates around world have are reopened and are once again processing E-2 Visas, Mr. Hurd provides an examination into three keys to E-2 Visa Approval. The first Key is to ensure compliance with the Buy American Hire American Executive Order which remains in effect and requires to issue the E-2 only after a demonstration that issuance of the visa will create "higher wages and employment rates for workers in the United States, and to protect their economic interests." Although employment creation for US workers was not previously a requirement of the E-2 Visa, over the last few years this has become a significant focus of the consulates.
The second area of focus is to demonstrate that the funds invested are at risk and irrevocably committed to the commercial enterprise. The investment cannot merely be an idea on paper but, rather, the business must be functioning or ready to open its doors soon after visa issuance. The final area of focus concerns the sometimes inconsistent nature of the substantial investment requirement. How much does is required for investment to obtain the E-2 Visa? Mr. Hurd explains the ongoing trend here and how it has evolved depending on the nature of the business and consular post.
Mr. Hurd has over 20 years of experience in legal practice. As a result of his quality legal service, Mr. Hurd has been awarded an AV rating by the Martindale-Hubbell Law Directory. An AV rating is the highest such rating available to any single lawyer for skill and integrity and the rating is reserved for attorneys designated as outstanding in their field. The lawyers of Colombo & Hurd are experienced with a variety of E-2 Visas and have successfully obtained E-2s from citizens of many countries around the world including Albania, Argentina, Australia, Bangladesh, Belgium, Brazil (through dual nationality with Italy or Spain), Bulgaria, Canada Chile, China (through dual nationality with several countries), Colombia, Costa Rica, Ecuador (though this treaty is now expired), Egypt, France, Germany, Honduras, Ireland, Italy, Jamaica, South Korea, Mexico, Morocco, Netherlands, Panama, Philippines, Poland, Romania, Spain, Sri Lanka, Sweden, Thailand, Trinidad & Tobago, United Kingdom and Venezuela (through dual nationality with Italy or Spain).
For more information on the E-2 Visa process please feel free to visit our website here: www.colombohur... or you can contact us to schedule a consultation.
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Thanks for the video, I have two questions:
1) Can you get an E-2 for an existing business that you own? (Meaning that it's US-registered and US-based but you've been running it profitably from another country for months or a few years)
2) Can the investment come from the business's past profits? If you formally pay yourself that amount of money so it becomes yours instead of the business's, is it possible to then be able to use it as part of the E-2 investment?
Sergio we recommend you contact us by visiting our web site as these are complex questions that require further analysis and discussion www.Colombohurdlaw.com
well said, thanks
Valuable information, thanks.
What if i want to buy 10% of the existing business ownership, assuming the business is worth around 2Mil and a person is ready to invest 200k equivalent to 10% of the business.
You must control at least 50% of the E-2 business in order to file a viable E-2 Visa application.
Great 👍
Hi Mr Hurd. I'm a real estate investor based out of New Zealand. I have the intentions in the near future to open a property management firm in Texas. There would not be any great or significant intial costs of doing so which is my concern. I'm unsure how much they would require me to invest. Another thought is to buy a commerical property in cash to run the business from. Would this be enough to satisfy the requirement in the Governments eyes?
Thanks,
Theo H
Thank you 🇨🇦
hi sir i have a question
if i have a turist visa can i get this visa while i am in us? or do i have to leave the country and come back for the visa to apply
URGENT
thank you
Hello, my brother is already doing carpentry business. I also love and enjoy doing that. Can we partner and apply for e2 visa as investors?
hi sir
I'm from Egypt and I want to buy a restaurant in USA the price is 80,000 is that enough to have the E2 VISA , If that's good , do I need a lawyer, if so
how can I communicate with you to
How about Franchise example The maids service
Sure a franchise can work -- it just depends on the specifics. We handle a number of E-2 Visas through franchise purchases.
Hi Colombo,
Question regarding E2 to GC pathway...Can my wife get her E2 by investing in or purchasing an existing business and then sponsor me for GC? Let's say the business has been in good shape for many years and I have the qualifying skills for labor certification. Thanks.
That type of application would be highly problematic. Would be difficult to demonstrate that is truly an arms-length transaction in making the determination to hire the spouse of the business owner for a position. I would not recommend proceeding in that fashion.
Hello Mr. Hurd, I intend to start my own business as a holistic therapist in Florida which would not require me to have a private practice or office right away because I would either receive my clients at home or visit them. Do you think your services can help me make this project feasible? Or is another visa more suitable for me? Thanks in advance.
Felix - I think it is generally difficult to obtain an E-2 without having some type of physical location for the business. That is not to say it would clearly be denied as it would certainly depend on other factors but filing without some type of business lease would generally make the application more risky.
Can the startup capital be in the form of a business loan?
A loan is a viable source of funds; however, the collateral for the loan cannot be the business itself. In most business loans the business is the collateral for the loan. Instead, you would need to obtain a loan where the collateral is not the business itself.
Hello Sir,
I am an owner-operator truck driver in Canada.. I want to buy a truck in USA ($130,000) and hire 2 drivers to run the loads will i qualify for E2 visa?
Hello sir,
I'm Italian citizen, and I want to applicate for an E2 visa, I heave a individual company construction here in Italy but I want to start a new general construction company in USA,
My question is: it's possible to heave a E2 visa with 80.000 dollars in this type of business.?
Thank you so much.
Sincerely
Eri Metaj.
Hard to say for certain without knowing the specifics. Contact my firm and we can walk through it together. The capital contribution must be substantial relative to the nature of business but I would need to discuss a number of specifics with you to determine whether your business would be likely to obtain an approval at the Rome US Consulate.
Can I sign legal business contracts on b1 visa?
It depends on the situation. In most circumstances you are able to engage in passive activities or the activities associated with setting up a business while present in the US on a B1/B2.
Can I become 60% partner and invest in my brother bussiness and apply for e2.
Assuming you meet all other requirements for an E2 and you purchase in good faith in a legitimate arms length transaction 60% of the business it is in fact possible, but there are several factors that should be considered by your immigration attorney.
Hello
I’m citizen of canada . By profession I’m a truck driver. I’m looking to open trucking company. Now that’s been said I’m just an individual so I can just 1 truck for now range between $50,000 to $100,000.00
Are there any chances for my situation to obtain E2 visa and operate by myself
We have utilized a trucking business for E-2 Visas in the past. However, keep in mind the requirement that the business must be non-marginal. Applying for an E-2 Visa with just one truck and a projection of just you as a sole employee over 5 years would be unlikely to be found to be non-marginal.
@@colombohurdimmigration4729 so with tat been said
Should we go further confidentially and invest in buying truck and trailer from US
And open my buissness account for the same
And then approach once all is done