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Posted almost 8 years ago

Who is Qualified to Apply for the E-2 Visa?

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At Jurado & Farshchian, P.L., you will find an E-2 Visa Lawyer that will help you navigate the E-2 Visa application processas smoothly as possible by providing guidance, informed advice, and representation.

The E-2 Treaty Investor Visa is an appealing option for foreign business owners, managers, investors, and employees who wish to come to the United States for long periods of time to direct the operations of a U.S. business in which a substantial investment has been made.

Who is Qualified to Apply for the E-2 Visa?

The E-2 Visa is only available for what the USCIS calls “treaty investors,” which is a term that applies to citizens of countries that maintain treaties of commerce and navigation with the United States. E-2 Visa applicants must be nationals of one of these countries to be eligible.

What are the General Requirements of the E-2 Visa?

Besides nationality, E-2 Visa applicants must meet strict requirements to qualify. The consular officer will determine whether an applicant meets the following criteria:

  • The investment that was made or that will be made in a business in the United States is “substantial.” It must be enough to ensure that the business operates successfully.
  • The investment must be in a real and operation business.
  • The investment must not be “marginal.” It must generate income enough to have a positive economic impact on the economy of the United States.
  • The investor must have complete control of the funds invested.
  • The investor must be coming to the United States to develop and manage the company. If the applicant is not an investor but an employee, he or she must either have specialized skills or be coming to the country to work in a supervisory/executive position.

How Do I Apply for an E-2 Visa?

All E-2 Visa applications must be submitted to the U.S. Embassy or Consulate in your country. Applicants may apply at any U.S. consular office in the world. However, it may be more difficult to qualify for the E-2 Visa if you are outside the treaty country of which you are a citizen.

The application process for an E-2 Visa is tricky and complex. However, you should not worry. Your Jurado & Farshchian E-2 Visa Lawyer will be there for you in every step of the way and will work relentlessly towards ensuring that your application is solid and precise.

Can Family Members Accompany an E-2 Visa Holder?

The short answer – Yes.

Spouses and unmarried children under 21 years of age may apply for E Dependent Visas in order to accompany the main visa holder. The spouse of an E-2 Visa holder may apply for an employment authorization at the Department of Homeland Security (DHS). Dependent children of an E-2 Visa holder are not allowed to work in the United States. They are allowed, however, to go to school in the United States.

Can Employees Accompany an E-2 Visa Holder?

The E-2 Visa regulations allow employees to accompany you (the investor) under the same status as long as they meet the requirements of the definition of an employee in the state they will be living.

Your Jurado & Farshchian E-2 Visa Lawyer will help you fulfill these requirements in case you want to bring employees with you under your E-2 Visa to help you develop your new business in Miami as we are well-versed in the employment regulations of the state of Florida.

How Much Will My E-2 Visa Cost?

The cost of your E-2 Visa may vary depending on whether you are inside or outside the United States. For those individuals who are already working in the U.S. under a different visa and are looking to change their status, they must simply file a Form I-129 and their status will be adjusted as soon as their petition is approved.

However, if you are outside the United States, you are required to go through consular processing, which involves making an interview appointment with the U.S. Consulate in your country. Also, you will be required to complete an electronic nonimmigrant application form (Form DS-160).

The costs of processing are as follows:

  • I-129 change of status fee: $460
  • Premium Processing fee: $1,225 (optional)
  • DS-160 non-refundable fee: $205

Besides the application fees, the total cost of your E-2 Visa will also include your investment, your attorney fees, and any other expenses that might be needed along the way.

What is the E-2 Visa Processing Time?

If you are going through consular processing, then the processing time will depend on how many applications the U.S. Consulate or embassy in your country is reviewing at the time you apply and how quickly they can process them. Processing time can be anywhere from just a few weeks to even months.

Get an E-2 Visa Lawyer

Applying for an E-2 has its own share of complexities and doing it on your own is something that you should definitely not consider. If a successful application is what you are after, then you must seek the help of experienced immigration attorneys who can guide you and represent you through the complex E-2 Visa application process.

The Immigration Attorneys at Jurado and Farshchian, P.L., will prepare and submit all necessary documents on your behalf and will act as your representatives throughout the entirety of the application process. If you would like to get in touch with skilled E-2 Visa Lawyers, you can call us at (305) 921-0440 or send us an email to [email protected] to make the first step towards your goal of expanding your business career to the greatest and most dynamic economy in the world.

Read more at E-2 Visa Lawyer



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