E-2 Visa Lawyer

What is an E-2 Visa?

The E-2 Treaty Investor visa is a non-immigrant visa category designed for investors and key business personnel from countries with qualifying treaties of commerce and navigation with the United States. It allows investors and key company personnel to enter and work in the U.S. based on a substantial investment in a bona fide enterprise.

This visa enables both individual investors and executive, supervisory, and essential employees of E-2 companies to live and work in the United States for an initial period of up to five years, with the possibility of unlimited renewals as long as they maintain eligibility.

Why Choose De Wit Immigration Law for Your E-2 Visa Application?

At De Wit Immigration Law, we understand that as an entrepreneur or business owner, you need a seamless process to bring your business vision to life in the United States. Our team of experienced E-2 visa lawyers is dedicated to simplifying this process for both individual investors and key employees of E-2 businesses.

Here’s why you should choose us:

1. Experience with E-2 Visa Cases: We have a proven track record of success in E-2 visa applications across various industries and investment sectors.
2. Investor- and Employer-Focused Approach: We tailor our strategies to your specific investment plans, business goals, or sponsorship needs.
3. Comprehensive Support: From initial assessment to petition filing and beyond, we’re with you every step of the way.
4. Up-to-Date Knowledge: We stay current with the latest USCIS policies and trends affecting E-2 visas, ensuring compliance and accuracy.
5. Efficient Process: We strive to make the E-2 visa application process as smooth and swift as possible, minimizing delays to your plans.

The E-2 Visa Application Process

The E-2 visa application process requires meticulous attention to detail and a deep understanding of USCIS and Department of State requirements. Here’s an overview of how our E-2 visa lawyers will guide you through the process:

1. Initial Consultation: We’ll assess your eligibility for E-2 status and discuss your investment plans, business goals, or sponsorship needs.
2. Investment Planning and Structuring: We’ll advise you on structuring your investment or business operation to meet E-2 visa requirements and maximize your chances of approval.
3. Business Plan Development: We connect you with experienced business plan writers and coordinate with them to ensure your plan effectively demonstrates your enterprise’s viability and potential.
4. Evidence Gathering: We’ll help you compile all necessary documentation to prove your substantial investment and lawful source of funds, your business operations, and your ability to develop and direct the enterprise—or the qualifications of your sponsored employees.
5. Application Preparation: We’ll prepare a thorough E-2 visa application that highlights your qualifications as an investor or the strength of your business and key personnel.
6. Filing and Follow-up: We’ll guide you through the filing process, which typically involves applying directly at a U.S. embassy or consulate abroad.
7. Interview Preparation: We’ll ensure you or your sponsored employees are well-prepared for the visa interview at a U.S. embassy or consulate.
8. Post-Approval Support: If your E-2 visa is approved, we’ll guide you through maintaining compliance and planning for future extensions or transitions to permanent residency.

Demonstrating Eligibility for an E-2 Visa

As an E-2 investor or employer, you need to understand the criteria for demonstrating eligibility for an E-2 visa. Our E-2 visa lawyers are adept at presenting your or your company’s qualifications in the most compelling manner.

To qualify for an E-2 visa as an investor, you must meet the following criteria:

1. Be a national of a country with which the United States maintains a treaty of commerce and navigation.
2. Have invested, or be in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States.
3. Seek to enter the United States solely to develop and direct the investment enterprise or to sponsor key employees to manage it.
4. Intend to depart the United States when your E-2 status ends.

An E-2 employee applicant must meet the following criteria:

1. Share the same nationality as the sponsoring E-2 employer.
2. Have a job offer from the E-2 employer as an executive, supervisor, or “essential employee”
3. Intend to depart the United States when your E-2 status ends.

Our E-2 visa lawyers will work closely with you to identify and present the strongest evidence of your eligibility, aligning it with your investment plans, business goals, or sponsorship needs.

Benefits of the E-2 Visa for Investors and Employers

The E-2 visa offers several advantages for entrepreneurs, investors, and businesses:

• Business Ownership or Sponsorship: Establish, purchase, or invest in a U.S. business. Sponsor employees to support and manage your investment.
• Flexibility: E-2 visas can be extended indefinitely as long as eligibility is maintained.
• No Minimum Investment Amount: While the investment must be “substantial,” there’s no set minimum, allowing for flexibility based on the nature of the business.
• Spouse and Children Benefits: Spouses can apply for work authorization, and children under 21 can attend school in the U.S.
• No Residency Requirement: E-2 visa holders can maintain a residence abroad and are not required to intend to permanently reside in the U.S.
• Relatively Quick Processing: E-2 visas often have faster processing times compared to other investment-based visas.

Why You Need an Experienced E-2 Visa Lawyer

While the E-2 visa offers significant benefits for international investors, the application process can be complex. The U.S. government carefully scrutinizes E-2 applications to ensure compliance with treaty obligations and immigration laws. An experienced E-2 visa lawyer can help you:

• Address Potential Red Flags: Identify and proactively address any aspects of your application that might raise concerns with immigration officials.
• Prepare for Consular Interviews: Provide thorough preparation and coaching for your crucial visa interview at the U.S. consulate.
• Protect Your Investment: Ensure your business structure and documentation protect both your immigration status and your financial investment.
• Plan for the Future: Develop strategies for potential business expansion, employee sponsorship, and visa renewals to support your long-term goals.

Start the E-2 Visa Process with De Wit Immigration Law

At De Wit Immigration Law, we’re committed to helping investors and businesses leverage the E-2 visa program to achieve their goals in the United States. Whether you’re an individual entrepreneur or a company sponsoring key personnel, our team of dedicated E-2 visa lawyers has the experience to navigate the process, maximizing your chances of success.

Don’t let immigration challenges hinder your business plans. Contact De Wit Immigration Law today to schedule a consultation with one of our skilled E-2 visa lawyers. Let us help you demonstrate the strength of your investment or your employees’ essential roles and take the next step toward achieving your business goals in the U.S.

Frequently Asked Questions