The trade group also backs enhanced authority for Citizenship and Immigration Services to reject investors, and supports more site visits by regulators to projects. EB-5 Support How to contact us with questions. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security. Joseph said. While the EB-5 program has been around since , it was only in the wake of the recession, when securing loans from traditional lenders became difficult, that companies began using it in earnest to raise money for projects. Developers are eager to access the visa program because it is cheaper than many other financing sources. Under a new rule published by the U.
Conditions and requirements for obtaining an E-2 visa
No requirements to a level of education, work experience, age, language proficiency. Spouse and unmarried children under 21 may receive a visa together with an investor. Spouse can get a work permit, children can attend public schools. For this purpose, an investor must meet a number of requirements and follow some rules. First of all, he should invest in a business in the USA. It is important to confirm the legality of the origin of income.
U.S. Immigration Lawyers for Green Cards, E2 and L1 Visas
In larger businesses management and executive level employees may be sent to the US instead of the owners of the business. Employees that are also nationals of the same E2 visa Country as the investor may also qualify for an E2 visa. The E2 visa can continue to be extended indefinitely as long as the business continues in the US. Unlike the H1B visa category, there is no quota for E2 visas. The investment necessary to qualify for E2 Treaty Investor status varies and there is no set minimum.
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In larger businesses management and executive level employees may be sent to the US instead of the owners of the business. Employees that are also nationals of the same E2 visa Country as the investor may also qualify for an E2 visa. The E2 visa can continue to be extended indefinitely as jinumum as the business continues in the US. Unlike the H1B visa category, there is no quota for E2 visas. The investment necessary to qualify for E2 Treaty Investor status visz and there is no set minimum.
For consultancy businesses, for example software businesses, this could be tens of thousands investorr dollars or less in some cases. However, for smaller investments to register the business as an E2 business can be more difficult.
When you apply for E2 registration of a business you need to be in the process of investing money. An escrow arrangement is possible in some minummum. Nationals of many Countries can apply under the E2 visa scheme. Unfortunately, nationals of India and China cannot apply investkent the E2 visa scheme unless they wish to monumum entry as a spouse of an E2 minmuum holder or can gain some other citizenship.
Some Indians are applying under the fast Minuumm citizenship program to become eligible to apply under the E2 Treaty Investor visa scheme. The investment used to qualify for an E2 visa must be in an active and operating business that requires people to work in the business. Therefore businesses that do not require any employees which could include passive investments in say property or stocks and bonds do not qualify. If you are buying an existing business it may be possible to apply for E2 registration based on a purchase agreement with the money being held in escrow, with the investment only going ahead if the visa is granted.
The business needs vjsa be registered as an E2 Treaty investor investmnet before you can apply for an E2 visa. Many investors are worried about investing money even before they have been granted a visa. The following are some examples where this might be feasible:. You will usually need to create employment in the US under the E2 treaty investor scheme, but unlike the EB5 immigrant investor visa scheme you do not need to create employment for a minimum of ten people and there invesyor no visa quota.
Please note that new businesses based minumjm ownership by nationals of Ecuador can no longer be registered under the E2 visa scheme. However, Ecuador nationals invest,ent still apply for E2 visas as employees of an existing E2 registered business. It may be possible to show residence in the UK by various means:. There is ingestment the issue investmdnt how long the E2 visa is valid. For many Countries it is five years. It is only three months for example for Bangladesh and the Ukraine.
The good news is that as long as the E2 business continues in the US you can continue to extend your visa indefinitely. Investors from qualifying countries may apply for an E2 treaty investor inveatment in order to ‘Direct and Develop’ their business. They may also apply for E2 visas for key managerial and specialist employees which can be particularly useful for medium and large size businesses.
There is no specific inveztment requirement. Investments could include travel, sales and marketing, equipment purchases and a range of other expenses. However, E2 visa registration with smaller levels of investment can be more difficult.
If you have a purchase agreement and are taking over an existing business, you can instead have money held in escrow. The enterprise is or will be active. In order to be ‘Directing and Developing’ their investment, the E2 Treaty Investor should be involved in managing the business. The E2 business should not be considered to be «marginal». US workers are or will be employed. The treaties envisage more than just creating a job minkmum the principal investor, but there is no requirement to employ a particular number of US citizens or residents.
It should be possible to meet the requirements by employing only a small number of employees. Showing that you will employ two or three employees in the next one or two years will often be. You should have a business plan detailing the future plans for a new business. This should have detailed information on the new business and the plans to employ new staff in the US. Details of the skills, qualifications, and work history should be provided for any prospective employees of the E2 Treaty Investor, and if appropriate for the investor themselves.
However, the E2 Treaty investor visa can continue to be extended indefinitely. In most cases it is recommended that Consular processing is used and an application is made at an US Embassy abroad. The advantages of Consular Processing are as follows:. The advantage of applying for an E2 visa via a change of status in the US is that with premium processing a decision can be reached in fifteen days.
You will firstly need to have a non-immigrant visa for the US, which is not under the visa waiver scheme. You cannot change status under the visa waiver scheme. If your company, the position and the candidate are eligible for registration as an E2 Treaty Investor, we e-mail to you:. After registration as an E2 Treaty Investor business, visas can be obtained for principal applicants, employees and dependants in about two weeks.
You provide us with relevant information and we prepare and investot the application to the Treaty Visa section. Once the principal applicant has obtained registration as an E2 Treaty Investor they can obtain E2 visas for qualifying employees who are the same nationality as the investor.
Obtaining the E2 registration could take some months, and obtaining E2 employee visas usually takes about two weeks. Executives and Managers should be in a senior position and manage the whole business or a key part of the business. In larger businesses the owners of the business may not actually in practice spend much time ingestment the USA. Such personnel should be able to demonstrate their executive or investor visa usa minumum investment pedigree, though there is no requirement that they have worked for the principal trader or investor for at least one year in the last three years, as there is with the L-1 visa.
Documents required for the application would likely include job description, investor visa usa minumum investment, and supporting letter from the employer. This is a good way of employing highly skilled level people over in the US. You should demonstrate that:. The employee is necessary for the running of the principal trader or investor’s business in the USA. Spouses and dependents of E2 visa workers are can also apply for E2 visas, and will normally be granted the same period of stay as the principal E2 visa holder.
E2 spouses and dependents do not need invedtor be the same nationality as the principle applicant. Spouses usq allowed to work. Children under the age of 21 can study but unfortunately are not allowed to work under the E2 Treaty Investor visa category.
Children after reaching the age of 21 jsa of age under E2 visa status will invesgor to find some other US visa category to be able to stay in the US. For more information and advice inbestment US immigration law and US visa applications please contact us on or at london workpermit. Comments 0. Leave this field blank.
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E-2 visa advantages
From the perspective of an E-2 applicant, the drawback of starting a new business is that the necessary expenditures must be made prior to the submission of the visa application. Hodkinson Law Group U. Last year, the entire annual allotment of 10, visas had been claimed by August — before the end of the fiscal year in October. Therefore, no minimum investment amount is specified in the regulations. Share This Page. EB-5 Investors How to apply. Zhao came to the United States on a student visa. But while the program can make sense for foreigners and developers, several well-documented cases of fraud have occurred, primarily involving developers who misrepresented themselves to investors and then viaa to deliver a completed project. Information uda Employers and Employees.
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