What is the process for obtaining an E-2 visa as an entrepreneur?

As a lawyer, the process of obtaining an E-2 visa as an entrepreneur involves several steps. An E-2 visa is a non-immigrant visa that allows foreign nationals to enter the United States for the purpose of investing in and managing a business. To be eligible, the applicant must be a citizen or national of a country that has a treaty of commerce and navigation with the United States.

First, the entrepreneur must establish a qualifying business entity in the United States. This can be either a new business or an existing one that the entrepreneur intends to purchase or invest in. The business must be a for-profit venture and must be able to generate enough income to support the investor and their family.

Next, the entrepreneur must invest a substantial amount of capital in the business. While there is no minimum investment amount required by law, the investment must be sufficient to demonstrate the investor’s commitment to the success of the business. This investment cannot be borrowed from a third party, and must be at risk in the sense that the investor will lose the capital if the business fails.

Once the business is established and the investment is made, the entrepreneur must prepare and submit an E-2 visa application to the U.S. Citizenship and Immigration Services (USCIS). This application must include a detailed business plan, financial statements, and other supporting documents to demonstrate that the business is viable and that the investment is legitimate.

If approved, the entrepreneur will be issued an E-2 visa, which allows them to enter the United States and work for the qualifying business. The visa is typically valid for up to two years, but can be renewed indefinitely as long as the business continues to meet the eligibility requirements.

It is important to note that obtaining an E-2 visa is not a guarantee, and there are several potential limitations and exceptions to the eligibility requirements. For example, the applicant may be disqualified if they have a criminal record or if they are unable to demonstrate the necessary qualifications or experience to run a business. Additionally, some countries may have specific restrictions or limitations on E-2 visas, so it is important to consult with an experienced immigration attorney to determine the best course of action.

In summary, obtaining an E-2 visa as an entrepreneur involves establishing a qualifying business, making a substantial investment, and submitting a detailed application to the USCIS. It is important to consult with an immigration attorney to ensure that all eligibility requirements are met and that any potential limitations or exceptions are addressed.