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ABCs of E-2 Visas

http://shusterman.com This presentation explains who qualifies for an E-2 treaty investor visa. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html E-2 investor visas are for a nationals of a country with which the US has a commercial treaty and who is coming to the US solely to direct and develop the operations of an enterprise in which he has invested, or is actively involved in the process of investing, a substantial amount of capital. An investment is the E-2 investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The E-2 investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. A substantial amount of capital is: • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one: • Sufficient to ensure the E-2 investor’s financial commitment to the successful operation of the enterprise; and • Of a magnitude to support the likelihood that the E-2 investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial. The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the E-2 investor and his family. For more information please see our E-2 Treaty Investor Visas page: http://shusterman.com/e2treatyinvestor.html

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ABCs of E-2 Visas

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Presentation Transcript

  1. ABC’s of E-2 Visas Tips for Preparing and Filing an E-2 Registration Application Immigration Raj Iyer

  2. Who May Obtain an E-2 Visa? • Investors • Citizens of 80+ Countries • Country of Birth is Irrelevant

  3. What are the Benefits? • Duration • Indefinite Renewals • E-2 Spouse Can Obtain Work Permit

  4. Where to Apply? • E-2 Visas Abroad • Change of Status in U.S.

  5. Requirements • Itemized List of Start-up Expenditures • Substantial Investment • Enterprise Must Support Minimal Living for Your Family

  6. Size of Investment • Rule of Thumb: At Least $100,000 (Proportionality Test) • $100,000+ Doesn’t Guarantee Approval, but Less Faces Stricter Scrutiny

  7. Source of Funds • Received by Legitimate Means and in Control • “At Risk” Investment • Loan Can be Secured against Investor’s Personal Assets but Not the Businesses’ Assets

  8. Business Plan • Well-formulated Business Idea • 5 Year Projections • Capacity to Make Significant Contributions to U.S. Economy • Overcome Marginality

  9. Unconventional Business Premises • Real and Active Enterprise • Home Office is Acceptable • Explain How Business Will Operate Successfully • Explain If Business Will Move to More Traditional Office Space

  10. Purchasing a Franchise • E-2 Investment if Investor Has Autonomy to Develop and Direct Business

  11. Renewal of E-2 Visas • Decent Profitability • Regain Stability: Inject More Capital and Explore New Business Opportunities

  12. Employment for Family Members • Dependents: Spouses and Children • Regardless of Nationality • E-2 Spouses Can Apply for EAD • Children Cannot Obtain EADs

  13. Prepare for the Interview • Officers Are Not Business Experts • Common Sense Explanation of Business Plan • Build Credibility through Confidence and Communication • Ability to Articulate All Aspects of Business

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