Do I need to hire an attorney to apply for E2 status?
When it comes to E2 Investors, you can apply without an Attorney. However, E2 applications are very detail oriented in the evidence that is necessary, and going about it without an Attorney can waste a lot of time and force you to reapply or hire an attorney to correct issues.
What are the E2 minimum investment amounts?
There is no strict dollar amount investment required for an E2, however it should be substantial. . In order for an investment to be considered substantial by the USCIS, it must meet one of two tests: (1) It has to be proportional to the total value of the particular enterprise in question (a test usually applied to investment in existing businesses); or (2) It has to be an amount normally considered necessary to establish a viable enterprise of the type contemplated (a test normally applied to new businesses). In addition, generally the larger the total value of the enterprise or the cost to start up the enterprise, the smaller the percentage of the total investment the investor must put up to meet the substantiality requirement.
Do I have to start my own business or can I purchase an existing business?
You can start your own or purchase an existing business. However, each has its own set of guidelines that must be followed and in all cases you as the Investor must own at least 50% of the business and it must be an active investment that is not marginal.
What is an active investment?
The business must represent a real operating enterprise productive of some service or commodity. Speculative or idle investment does not qualify, however, in limited circumstances the business can be nearly active or being held in trust pursuant to approval although this is not generally acceptable and has more likelihood of denial.
Uncommitted funds in a bank account or similar security are not considered an investment. Moreover, this investment must be irrevocable with risk of loss.
Please remember passive investment doesn’t count. For example, an investment in land would not qualify since it would be considered as passive investment. However, if the investment was accompanied by submission of development plans to authorities and contracts for building, it would be an active investment. It is acceptable to use an escrow account to protect the investor in the event the visa is denied. However, the investor must present other evidence showing the investment will be active.
What is a marginal investment?
An investment is marginal if it does not have the present or future capacity to generate more than a minimal living for the investor and his/her family.
Factors to determine whether investment is marginal:
(1) Creation of jobs: The investment cannot only support the investor and his/her family; in almost all cases it should create job opportunities for U.S. workers as well;
(2) Income for investment: Investment will generate income substantially above requirements for family of investor to live; and
(3) Essential Role in Enterprise: The person for whom E-2 status is sought must fill a key role with the company, either as the investor who will develop and direct the investment or as a qualified employee necessary for the development of the investment. Investor will not work simply as a skilled or unskilled worker.
An E2 investment CANNOT be marginal.
Do I have to be involved in the management of the E2 qualifying business?
Yes!! The investor must manage the business and must exercise a controlling interest in the business.
What European countries qualify for an E2 Visa?
Albania
Austria
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Czech Republic
Denmark
Estonia
Finland
France
Germany
Ireland
Italy
Kosovo
Latvia
Lithuania
Luxembourg
Macedonia
Moldova
Montenegro
Netherlands
Norway
Poland
Romania
Serbia
Slovak Republic
Slovenia
Spain
Sweden
Switzerland
Ukraine
United Kingdom
What Asian countries qualify for an E2 Visa?
Japan
Georgia
Armenia
Azerbaijan
Kazakhstan
Kyrgyzstan
Bangladesh
China (Taiwan)
South Korea
Mongolia
Pakistan
Philippines
Singapore
Sri Lanka
Thailand
What African countries qualify for an E2 Visa?
Cameroon
Congo (Brazzaville)
Congo (Kinshasa)
Egypt
Ethiopia
Liberia
Morocco
Senegal
Togo
Tunisia
What North, Central, and South American countries qualify for an E2 Visa?
Argentina
Canada
Chile
Colombia
Costa Rica
Ecuador
Grenada
Honduras
Jamaica
Mexico
Panama
Paraguay
Suriname
Trinidad & Tobago
What Middle Eastern countries qualify for an E2 Visa?
Israel
Bahrain
Jordan
Oman
Turkey
What Oceania countries qualify for an E2 Visa?
Australia
Will I be able to bring my spouse and children with me on an E2 Visa, and will they be able to work/attend school?
Spouse and Unmarried Children under age 21of E-2 investor may join investor in the U.S..
Spouses are now given the ability to work when the E2 Visa is issued with a new Visa code.
However, children may not work (even for spouse’s E-2 investment business enterprise). However, they may live here and attend school.
What if I am in a same-sex marriage, will I be able to bring my spouse as an E2 dependent?
Yes. Under the U.S. immigration laws, eligibility for a wide range of benefits depends on the meanings of the terms “marriage” or “spouse” and a same-sex marriage will be treated exactly the same as an opposite-sex marriage.
Is the E2 qualifying country based on where I was born or where I hold citizenship?
It is based on where you hold citizenship, so it is possible to be born in a country that is not E2 qualifying but still qualifying because of your citizenship of a qualifying country.
Is it very expensive to hire an attorney to represent me with my E2 application?
Attorneys charge a wide range of fees for various levels of service. Julianne’s fee is in a range from $4,500.00 to $8,500.00, based on the business, your source of funds, and stage of investment.
Will Julianne prepare all corporate documents for me?
No, Julianne will not prepare documents such as Business Plans, Corporate documents, etc. You are responsible for all of these costs separately and need to obtain them from the appropriate individuals. Julianne will guide you in what you need to obtain and best source options.
What does Julianne’s fee include?
Fee includes preparation of DS-160, Online Nonimmigrant Visa Application; DS-156, Nonimmigrant Treaty Trader/Treaty Investor Application (if applicable), preparation of binder submission including extensive Cover Letter outlining how you and your business qualify (will draft), Forms (will draft), evidence call resulting in a personalized evidence list for you to gather, and organization of all documents required to accompany submission proving qualification of individual and business enterprise.
If I hire an immigration attorney for my E2 application does the attorney need to live in the state I plan to move to?
No! When it comes to immigration your attorney can be licensed by any U.S. State living anywhere, just be sure they are licensed and in good standing in the state of licensure.
How much is an E2 Consultation with New York Licensed Immigration Attorney Julianne M. Kinsey?
A full telephone consultation is typically $150.00, if you hire Julianne for full representation this will be applied to reducing the total fee due for representation. You can also use the consultation if you have questions about your eligibility, potential issues, or anything E2 related.
How do I schedule a consultation?
Please fill out and submit this contact form, and you will be redirected to a page with a link for scheduling and directions for payment.
