E2 Visas in Orlando, Florida
An E-2 visa allows a foreign national to legally enter the United States to direct or develop a commercial business. Of course, as with all things involving immigration and U.S visas, the process can become complicated when you look into the details and requirements for obtaining this type of classification.
That’s where an E-2 visa lawyer in Orlando, Florida who is familiar with the process can help. Your attorney will make sure that everything is taken care of so you don’t miss out on this opportunity to reside in the United States through your investment in a business.
What Are the E-2 Visa Requirements for an Individual?
Also known as an “investor visa”, the E2 visa is for foreign nationals who are citizens of a country with which the United States has a treaty of commerce. It is exclusively for individuals who are making a substantial investment in a commercial enterprise in the U.S. Although there is no specific monetary amount that clarifies what is considered “substantial”, there are some general guidelines that the United States Citizenship and Immigration Services (USCIS) or the Consular Post adjudicating the application will consider:
- The amount is substantial in relationship to the overall cost of creating a new enterprise or purchasing an existing one
- The amount is sufficient enough to ensure you are financially committed to the business operating successfully and will successfully develop it in the long run
You must also be able to prove that you are entering the U.S. solely to develop this particular investment and maintain ownership of 50% or more of the enterprise. As a treaty investor, you must also be able to show that the funds you wish to invest were not obtained from criminal activity.
In addition, the enterprise that you are investing in cannot be considered “marginal”. A marginal enterprise is one that merely inures a benefit to the investor and the investor’s immediate family. Usually, the marginality requirement is demonstrated through job creation for US Citizens.
Many applications are denied each year for simple mistakes. That means a lot of wasted time and money. When you want to get a business off the ground, a denial last thing that you want to deal with. Reach out to an E2 visa lawyer in Orlando, Florida today to discuss your case and make sure you are on the right track to obtaining the visa you need to legally enter the United States.
E-2 Visa Requirements: What If I Am an Employee of an Investor?
It is important to note that you do not have to be the actual investor in order to receive this type of visa and legally enter the United States. You could also receive E2 classification if you are the employee of a qualifying investor or investment enterprise. However, the requirements needed to receive an E2 visa classification differ slightly than if you were the investor yourself.
- You have to be the same nationality of the treaty country and employer.
- You must meet the legal definition of an employee.
- Must be acting as a supervisor or executive (if you are of lower classification, you must have special qualifications, skills, or expertise) or demonstrate that you are an “essential employee” of the business.
If the investor you work for is not actually an individual, but an enterprise or organization, then the business must be at least 50% owned by a qualifying foreign national who shares the same nationality as the treaty country. If none of the owners are in the United States, then they must be classified as nonimmigrant treaty investors should they wish to seek admission into the country.
Even if you feel that your business meets all of the criteria mentioned above, it is always best to consult with an E2 visa lawyer to discuss the nuances of immigration law. For example, if you would like to send an employee to the United States to invest in a new or existing business, you will need to know whether their duties qualify as that of a supervisor or executive, and if not, whether they have the “special or essential” skill” necessary to receive an E-2 classification. The USCIS has guidelines for determining these two things, guidelines that an experienced E-2 visa lawyer will be able to explain in greater detail based on your individual situation.
How Do I Apply for an E-2 Visa?
The process for applying for an E-2 visa can differ depending on whether or not you are already in the United States. If you are currently a foreign national in America as a lawful immigrant, then an attorney can help you change your status while within the us. However, most E2s process through a Consular Post as consular processing is requires to obtain a multi-entry visa as opposed to merely a change of tatus.
How Long Does an E-2 Visa Last?
If you provide proof of all of the information above and you qualify, then you will be granted an initial stay for a set period of time based on the type of E2 visa you apply for and your country of origin. While most E2 visas are valid for five years, some only last as little as three months, so it is important to discuss the best options for your needs with your E2 visa lawyer. Of course, you can always request to extend that time in increments of up to two years and there is no limitation on the number of extensions a treat investor with an E-2 visa can receive. Despite this, all who receive the E-2 classification must intend to depart the United States once their status expires.
If I Apply for an E-2 Visa, Can My Spouse and Children Come with Me?
When traveling to the United States for an extended period of time to invest in and manage a business, it is not uncommon to bring your family with you. Treaty investors or investor employees are permitted to bring their spouses as well as any unmarried children under the age of 21. In order to do so, your family must seek E-2 dependent classification and if approved, they can stay in the U.S. for the same period of time as you. If the investor or employee chooses to extend their stay beyond their set number of years, then their loved ones must also apply for an extension to their stay before their validity date expires.
One way that E-2 dependent classification differs from E-2 investor classification is in how international travel is handled. For example, for E-2 classification, the investor may travel internationally while living in the United States and when they return, they are granted an automatic two-year period of readmission. If their family is with them when traveling overseas, then they should also be readmitted with no problem.
Consult with an E2 Visa Lawyer in Orlando, Florida Today
If you have dreams of bringing your business venture to life in the United States, an E-2 visa lawyer in Orlando, Florida can help you make them a reality. Whether you are an investor looking to establish a new business in America or an investment company owner in a foreign country who would like to send a qualified employee to the U.S. on your behalf, we can help you take the necessary steps to get there.
Everyone knows the immigration process can be lengthy and time-consuming, but this is especially true when you are an investor. By reaching out to an E-2 visa attorney, you can avoid any pitfalls along the way and make sure your application is handled the right way the first time, saving you time and money. At Colombo & Hurd, we use years of experience to walk you through the immigration process from start to finish. To take the first step toward your new business enterprise in the United States, get in touch with us today to schedule a consultation.