Struggling to Get E-2 Visa? Follow These Tips

As an international entrepreneur, your main ticket to business success in the U.S. is the E-2 Visa, as well as an awareness of the laws pertaining to foreign nationals who operate businesses in the U.S.

The E-2 visa is one of the preferred visas for foreign nationals who wish to start a business in the U.S. To qualify, you must:

• Be a national of a U.S. treaty country;
• Have already invested or are actively pursing a substantial capital investment in the U.S.;
• Are entering the U.S. only to develop and direct your investment in a business.

With an E-2 visa, you can either start a new business or buy an existing business. When applying, the U.S. business entity serves as the petitioner and you will increase your chances of a successful application if you follow these tips:

Set up your U.S. business entity properly. Don’t try to do this yourself. Obtaining the help of an experienced business immigration attorney will increase your chances of successfully obtaining an E-2 visa.

Choose the right business structure for your company. Typically, E visa companies are structured as either a limited liability company (LLC) or a corporation but you should consult with your attorney on the best structure for your business.

Fund the company properly. You must invest a substantial amount of your own funds in the creation of a new business or purchase of an existing business or risk being denied for an E-2 visa.

Detail the source of investment funds. As the investor, you must provide a detailed statement of the source of your investment funds and provide evidence the funds were acquired legally.

Create a business plan. A detailed business plan including financial statements is strongly advised for an E-2 visa petition.

Hire U.S. workers. The purpose of the E-2 visa is to benefit American workers and the economy, so you are required to hire U.S. workers for your new venture.

Launch your new business. After you have set up your business properly, you need to open the business by (1) opening a business bank account; (2) transferring the investment capital into the account; (3) executing a commercial lease in the company’s name that is valid for at least one year and has the required space for employees; and (4) spend the investment capital on office space rent, furniture, inventory and other business expenses to demonstrate you have created a bone fide enterprise.