Services - E-2: Investor Visa

E-2 Investor Visa: Comprehensive Application Guide

With an E-2 visa, you can establish a business or invest in an existing enterprise in the United States. As Alaz Law, we provide all the legal support you need during this process. In this guide, you'll find every detail from the E-2 visa application process to required documents, from advantages to important considerations.

Table of Contents

1. What is an E-2 Visa?
2. Advantages of E-2 Visa
3. Who Can Get an E-2 Visa?
4. E-2 Visa Application Requirements
5. Eligible Investments for E-2 Visa
6. E-2 Visa Application Process
7. Required Documents
8. Costs and Timelines
9. Rights Granted to Family Members
10. Transitioning from E-2 Visa to Green Card
11. Frequently Asked Questions about E-2 Visa
12. Alaz Law E-2 Visa Services
13. Contact

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The E-2 Investor Visa is a non-immigrant visa category that allows citizens of countries with trade and friendship treaties with the United States to establish an active business or invest in an existing business in the U.S. This visa enables investors and certain employees to conduct business activities in the United States.

Basic Features of E-2 Visa

• Non-Immigrant Status: The E-2 visa is a non-immigrant visa, meaning it grants temporary stay rights in the U.S. but does not provide permanent residence.
• Renewability: Visa duration typically varies between 2 to 5 years and can be renewed indefinitely as long as certain conditions are met.
• Family Members: The spouse and unmarried children under 21 of an E-2 visa holder can also obtain E-2 visas to stay in the U.S. Spouses can obtain work permits, and children can receive education.

Which Countries' Citizens Can Apply?

To apply for an E-2 visa, you must be a citizen of a country that has an E-2 trade and friendship treaty with the U.S. Turkey is among the countries party to this agreement. You can check the complete list on the U.S. Department of State's official website.

Investment Definition and Requirements

• Substantial Investment: While there is no specific minimum or maximum investment amount, a "substantial" investment is expected relative to the type and size of the business.
• Active and Real Enterprise: The invested business must be an active, operational, and profit-seeking commercial venture. Passive investments (such as merely purchasing real estate) are not eligible.
• Capital at Risk: The investor must put their own capital at risk. The return on investment should not be guaranteed.
• Non-Marginal Enterprise: The business must make an economic contribution beyond just supporting the investor and their family, and typically should employ U.S. workers.

Types of Eligible Businesses for E-2 Visa

• New Business Establishment: You can establish a new business from scratch in the U.S.
• Purchasing Existing Business: You can purchase an existing business entirely or partially.
• Franchise Purchase: You can open a business by acquiring franchise rights from a recognized brand or company.

Roles and Responsibilities of E-2 Visa Holders

• Having Control: The investor must own at least 50% of the business or have operational control authority over the enterprise.
• Active Management: The investor must take an active role in the daily operations of the business. Passive investors who only provide capital are not eligible.

Advantages of E-2 Visa

• Flexibility: There is no mandatory minimum investment amount or employee count requirement, providing flexibility according to business needs.
• Rights for Family Members: Spouses can obtain work permits, and children can receive education in the U.S.
• Indefinite Renewal: The visa can be renewed indefinitely as long as required conditions are met.

Limitations of E-2 Visa

• Non-Immigrant Status: The E-2 visa does not provide permanent residence (Green Card). However, E-2 visa holders can explore other immigration paths for transitioning to a Green Card.
• Country Dependency: Only citizens of treaty countries can apply.
• Business Dependency: The visa is tied to the invested business. Visa status may terminate if the business is sold or closes.

Application Process Overview

1. Business Plan Preparation: Preparing a detailed and professional business plan is critically important.
2. Investment Implementation: Funds must be transferred to the U.S. and investment must be initiated.
3. Required Document Collection: Complete preparation of all personal, financial, and business-related documents.
4. Application Submission: Change of status within the U.S. or visa application at a U.S. consulate abroad, depending on your current status.
5. Consular Interview: The applicant participates in a face-to-face interview at the consulate.

Important Notes About E-2 Visa

• Seek Expert Consultation: Due to the complexity and details of the process, it would be beneficial to get support from an immigration law expert.
• Planned and Careful Preparation: All steps must be executed in a planned and careful manner for the success of the application.
• Legal Compliance: Full compliance with U.S. immigration laws and other relevant legal regulations is required.

The E-2 visa is a flexible and advantageous non-immigrant visa category that offers extensive opportunities in the U.S. for investors and their families. This visa is an ideal option for entrepreneurs who want to establish a business or invest in an existing enterprise in the United States. Here are the main advantages offered by the E-2 visa:

1. Flexibility and Renewability

• Indefinite Renewal Possibility:
  • The E-2 visa can be renewed indefinitely as long as certain conditions are met.
  • You can continue to stay in the U.S. as long as your business remains active and profitable.
• Visa Duration:
  • Initial visa duration typically ranges from 2 to 5 years.
  • Renewal periods are similar in length.

2. Rights Granted to Family Members

• Work Authorization for Spouses:
  • The spouse of an E-2 visa holder can obtain work authorization (Employment Authorization Document - EAD) to work in any job in the U.S.
• Children's Education:
  • Unmarried children under 21 can enroll in U.S. schools and universities.
  • They can attend public schools free of charge.
• Living Together as a Family:
  • Family members can accompany the visa holder and live together in the U.S.

3. Tax Benefits

• Tax Planning:
  • E-2 visa holders can plan their U.S. tax residency status.
  • They can seek international tax consulting to optimize income tax obligations.

4. Business Control and Ownership

• Full Control Rights:
  • You can maintain complete control in decision-making processes by owning at least 50% of the business.
• Various Business Types:
  • You can establish a new business, purchase an existing one, or acquire a franchise.
• Freedom in Sector Selection:
  • You can operate in any legal sector.

5. Travel and Living Freedom in the U.S.

• Unlimited Entry and Exit:
  • With an E-2 visa, you can make unlimited entries and exits to/from the U.S.
• Quality of Life:
  • You can benefit from the high living standards and opportunities offered in the U.S.

6. Access to Education and Healthcare Services

• Educational Opportunities for Children:
  • Your children can access some of the world's best educational institutions.
• Healthcare Services:
  • You can benefit from the U.S.'s advanced healthcare services.

7. Other Advantages

• Network and Business Opportunities:
  • You can capture new opportunities by joining the U.S. business network.
• Non-Immigrant Status:
  • Flexibility to live and work in the U.S. without permanent residence.
• Green Card Transition Possibility:
  • E-2 visa can be a stepping stone to Green Card (see Transitioning from E-2 Visa to Green Card section for details).

8. Low Investment Requirements

• No Minimum Investment Amount:
  • There is no set minimum investment amount for E-2 visa.
  • It's sufficient for the investment to be "substantial" relative to the business type and sector.
• Sectoral Flexibility:
  • You can operate across a wide range, from small-scale businesses to large investments.

9. Fast Application Process

• Relatively Faster Approval:
  • E-2 visa applications can be processed faster compared to other visa types.
• Premium Processing Option:
  • You can have your application prioritized for processing by paying an additional fee.

10. Ability to Bring Employees

• Qualified Workers:

  • You can bring qualified workers from the same country to the U.S. with E-2 employee visas.

• Business Growth:

  • Advantage of having skilled personnel your business needs by your side.

  Who Can Get an E-2 Visa?

The E-2 visa is a special visa category designed for entrepreneurs who want to invest and establish businesses in the U.S. However, applicants must meet certain eligibility criteria to apply for this visa. This section details who can apply for an E-2 visa and the requirements applicants must meet.

1. Being a Treaty Country Citizen

• List of Treaty Countries:
  • To apply for an E-2 visa, you must be a citizen of a country that has an E-2 trade and friendship treaty with the U.S.
  • Turkey is among the countries party to this agreement.
  • You can check the complete list on the U.S. Department of State's official website.
• Dual Citizenship Status:
  • If you have multiple citizenships, you must use your treaty country citizenship when applying for E-2.

2. Being an Investor or Essential Employee

• Investor:
  • Person making a substantial capital investment in the enterprise.
  • Must own at least 50% of the business or have operational control.
• Essential Employees:
  • Executives or Managerial Level Employees:
    • Individuals playing key roles in business management.
  • Employees with Special Skills:
    • Workers with special skills and expertise necessary for business operations.
  • Note: Essential employees must also be citizens of a treaty country.

3. Active Role and Commitment

• Active Participation:
  • The investor must actively participate in daily business operations.
  • Passive investors (e.g., those who only provide capital but don't participate in business management) are not eligible.
• Business Commitment:
  • Must commit to the success and growth of the business.
  • The business is expected to make economic contributions beyond just supporting the investor and their family.

4. Financial Requirements

• Legal Source of Investment:
  • Must prove that investment funds were obtained through legal means.
  • Must be supported by bank records, sales contracts, and tax returns.
• Capital at Risk:
  • Investor must put their capital at risk; investment return should not be guaranteed.
• Substantial Investment:
  • Must make an investment considered "substantial" relative to the type and size of the business.

5. Non-Marginal Enterprise

• Economic Contribution:
  • The business must conduct economic activities beyond just supporting the investor and their family.
  • Should typically employ U.S. workers or present an employment plan.

6. Intent to Depart

• Temporary Residence:
  • As E-2 is a non-immigrant status, the investor should not intend to permanently settle in the U.S.
  • However, long-term stays are possible due to visa renewability.
• Departure Commitment:
  • Investor should intend to return to their home country after visa expiration.
  • Usually no special documentation is required to prove this intent, but it should be explainable if requested.

7. English Language Ability (Optional)

• Language Requirement:
  • There is no official English language proficiency requirement.
  • However, having sufficient language skills is practically important for effectively managing the business.

8. Clean Criminal Record and Health Requirements

• Criminal Record:
  • Applicant should not have a serious criminal record.
  • In some cases, past convictions may negatively affect the application.
• Health Requirements:
  • While medical examination is generally not required, being free of communicable diseases is important.

Summary

The E-2 visa offers broad opportunities for treaty country citizens who want to invest and establish businesses in the U.S. However, carefully evaluating eligibility criteria and fulfilling all requirements completely is critical for application success.

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The E-2 visa application is a comprehensive process requiring detailed preparation and meeting specific criteria. For a successful application, both the investment and the applicant must meet certain conditions. In this section, we will detail the E-2 visa application requirements and important points to consider.

1. Investment Requirements

• Substantial Investment:
• Investment must be considered "substantial" relative to the business type and size.
• There is no specific minimum investment amount, but the investment should be sufficient to successfully operate the business.
• Capital at Risk:
• Investor must put their own capital at risk; investment return should not be guaranteed.
• Investment must be irrevocable and binding, not contingent.
• Investment Must Be Complete or Near Completion:
• A substantial portion of the investment must be made.
• Being merely at the commitment stage is not sufficient; funds must be committed.

2. Business Requirements

• Active and Real Enterprise:
• The invested business must be an active, operating, and profit-seeking commercial venture.
• Passive investments (e.g., merely purchasing land or real estate) are not eligible.
• Non-Marginal Enterprise:
• Business must make economic contributions beyond just supporting the investor and family.
• Must have positive impact on U.S. economy and create employment.
• Physical Business Premises:
• Business must have a physical address and facility for operations.
• Virtual offices or mail-only addresses are generally not accepted.

3. Source of Investment Funds

• Legal Source:
• Must prove funds were obtained through legal means.
• Documents like bank statements, sales contracts, inheritance documents must be provided.
• Control of Capital:
• Investor must have complete control over the funds.
• Third-party loans or secured loans are generally not accepted.

4. Applicant Eligibility

• Treaty Country Citizenship:
• Applicant must be a citizen of a country with an E-2 treaty with the U.S.
• Active Management:
• Investor must actively participate in daily business operations.
• Passive investors are not eligible.
• Business Control:
• Investor must own at least 50% of the business or maintain operational control.

5. Business Plan Requirements

• Detailed and Professional Business Plan:
• Must include at least 5-year financial projections.
• Must present market analysis, competitive assessment, and growth strategies.
• Employment Plans:
• Must demonstrate plans to employ U.S. workers.
• Employment goals and positions should be detailed.

6. Documentation and Evidence

• Investment Proof:
• Fund transfers, purchase agreements, and other financial transactions must be documented.
• Business Documents:
• Company formation documents, licenses, and permits must be submitted.
• Personal Documents:
• Personal documents like passport, resume, education and experience credentials must be prepared.

7. Intent to Depart

• Temporary Residence:
• As E-2 is non-immigrant status, applicant should not intend to permanently settle in the U.S.
• Departure Commitment:
• Applicant is presumed to intend to return home after visa expiration.
• Usually no special documentation required, but should be explainable if requested.

8. Criminal and Health Requirements

• Clean Criminal Record:
• Applicant should not have serious criminal records.
• Must pass security and background checks.
• Health Requirements:
• Must be free from communicable diseases and meet general health standards.

9. Application Fees and Forms

• Forms:
• DS-160 Form: Online non-immigrant visa application.
• DS-156E Form: Additional information form for E-1 and E-2 visa applications.
• Application Fees:
• Consular visa application fee must be paid.
• Additional fees may apply for extra services (e.g., premium processing).

10. Consular Interview

• Appointment Scheduling:
• Applicant must schedule appointment with U.S. Embassy or Consulate.
• Interview Preparation:
• Application file must be complete and comprehensive.
• Be prepared to answer questions about business plan and investment details.

11. Change of Status (Application within U.S.)

• Current Status:
• Applicant can apply for change of status if legally present in U.S.
• Forms and Process:
• Form I-129: Petition for non-immigrant worker.
• Must maintain current status until change of status is approved.

Summary and Important Notes

• Detailed Preparation: Application success depends on thoroughness in preparation.
• Seek Professional Support: Working with experienced immigration attorney ensures proper and effective process management.
• Legal Compliance: Full compliance with U.S. laws required throughout application and business processes.

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E-2 visa application requirements necessitate that investors and their businesses meet specific standards.

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Investments eligible under the E-2 visa vary widely depending on the type of business, sector, and investor's interests. In this section, we will detail the types of eligible investments, sectors, and investment requirements for the E-2 visa.

1. Types of Eligible Investments

a. Establishing a New Business

• Starting from Scratch:
• You can enter the market by establishing a new business in the U.S.
• It's important to prepare your business plan and strategy in detail.
• Advantages:
• You can control all aspects of your business.
• You can freely design your brand and business model.

b. Purchasing an Existing Business

• Business Acquisition:
• You can purchase an existing business either wholly or partially.
• Advantages:
• Existing customer base and revenue stream.
• Established operational systems and personnel.

c. Franchise Purchase

• Opening a Branded Business:
• You can open a business by acquiring franchise rights from a recognized brand.
• Advantages:
• Proven business model and brand recognition.
• Training and support services.

2. Eligible Sectors and Business Areas

a. Service Sector

• Restaurant and Café Operations
• Consulting Services
• Tourism and Hospitality

b. Technology and Innovation

• Software Development
• E-commerce and Online Platforms
• Artificial Intelligence and Robotics

c. Manufacturing and Production

• Food Production
• Textile and Fashion
• Electronic Products

d. Healthcare and Education

• Private Clinics and Healthcare Services
• Educational Institutions and Language Schools
• Care and Rehabilitation Centers

e. Real Estate Development

• Commercial Construction Projects
• Real Estate Management and Leasing
• Note: Passive real estate investments (e.g., just purchasing land) are not eligible. The investment must be an active commercial enterprise.

3. Investment Requirements and Criteria

• Substantial Investment:

• Investment amount must be adequate for the type and sector of business.

• Investment should be sufficient to successfully operate the business.

• Capital at Risk:

• Investor must risk their capital; investment return should not be guaranteed.

• Active and Real Commercial Enterprise:

• Business must be actively operating and profit-seeking.

• Non-Marginal Enterprise:

• Business must make economic contributions beyond just supporting the investor and family.

• Employment creation potential is important.

4. Making the Investment and Use of Funds

• Investment Implementation:

• Investment funds must be used for business setup and operations.

• Capital should be spent or committed, not just sitting in bank accounts.

• Source of Investment Funds:

• Must prove funds were obtained through legal means.

• Sources like personal savings, business income, inheritance.

• Financing and Loans:

• Major portion of investment should be investor's own capital.

• Secured loans generally not accepted; however, loans secured by personal assets may be considered.

5. Business Plan and Projections

• Detailed Business Plan:

• Must prepare comprehensive business plan showing investment and business success.

• Market analysis, competitive assessment, marketing strategies.

• Financial Projections:

• At least 5-year revenue and expense projections.

• Cash flow statements and profitability analyses.

6. Special Circumstances and Exceptions

• Ineligibility of Passive Investments:

• Passive investments like stock purchases or real estate investments are not eligible for E-2 visa.

• Non-Profit Organizations:

• Investments in non-profit organizations generally not eligible, as E-2 visa covers for-profit commercial enterprises.

7. Sectoral Analysis and Consultation

• Market Research:

• Comprehensive research needed about sector and region for investment.

• Local market dynamics, demand, and competition conditions should be evaluated.

• Professional Consultation:

• Expert support recommended for business setup, legal requirements, and investment strategies.

8. Job Creation and Economic Contribution

• Employment for U.S. Citizens:

• Business expected to provide employment opportunities to U.S. citizens or legal permanent residents.

• Economic Contribution:

• Business should have positive impact on local economy.

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Eligible investments for E-2 visa vary depending on the investor's goals, interests, and financial capacity.

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The E-2 visa application process is a multi-stage process requiring careful preparation and following the correct steps. For a successful application, it's essential to prepare all required documents completely and follow procedures correctly. In this section, we will detail the steps of the E-2 visa application process and important points to consider at each stage.

1. Preparation and Initial Assessment

• Situation Analysis:
• Evaluate if your investment plan and business model qualify for E-2 visa.
• Verify your treaty country citizenship.
• Professional Consultation:
• Seek counsel from an immigration law expert.
• Receive guidance on investment strategy and application process.

2. Business Plan Development

• Detailed Business Plan:
• Prepare a comprehensive business plan including at least 5-year financial projections.
• Plan should include market analysis, competitive assessment, marketing strategies, and business structure.
• Financial Documentation:
• Prepare financial documentation showing investment source and use.
• Include bank statements, transfer documents, and financial statements.

3. Company Formation and Investment Implementation

• Company Establishment:
• Complete necessary legal procedures to establish your business in the U.S.
• Obtain company formation documents, tax ID number, and licenses.
• Making the Investment:
• Transfer funds to the U.S. and invest in the business.
• All or substantial portion of investment must be committed.

4. Gathering Required Documents

• Personal Documents:
• Valid passport, resume, education and experience credentials.
• Criminal record check and previous U.S. visas if any.
• Business Documents:
• Company formation documents, licenses, lease agreements.
• Business banking information and financial statements.
• Investment Evidence:
• Fund transfers, purchase agreements, invoices.
• Documents proving legal source of investment.

5. Completing Application Forms

• Form DS-160:
• Complete online non-immigrant visa application form.
• Form must be completed accurately and completely.
• Form DS-156E:
• Additional information form for E-1 and E-2 visa applications.
• Business and investment details specified here.

6. Payment of Application Fees

• Visa Application Fee:
• Consular visa application fee must be paid.
• Additional Service Fees:
• Additional fees may apply for premium processing or expedited services.

7. Scheduling and Consular Interview

• Appointment Scheduling:
• Schedule appointment with U.S. Embassy or Consulate.
• Ensure all documents are ready by appointment date.
• Interview Preparation:
• Be prepared to explain your business plan and investment in detail.
• Ensure you can communicate in English or required language.
• Document Presentation:
• Bring all original documents and copies to interview.

8. Application Review

• Consular Officer Review:
• Your application and documents will be reviewed in detail.
• Additional Information Requests:
• Additional information or documents may be requested.
• Important to respond quickly and completely to these requests.

9. Application Resolution

• Visa Approval:
• If approved, E-2 visa will be stamped in your passport.
• Check visa duration and entry/exit rights.
• Visa Denial:
• If denied, reasons for denial will be provided.
• Consider reapplication or appeal options if necessary.

10. U.S. Entry and Business Operations

• Travel to U.S.:
• You can travel to U.S. after visa approval.
• Customs and Border Controls:
• Present required documents to CBP officers at port of entry.
• Answer questions about business plans.
• Starting Business Operations:
• Begin daily business operations.
• Fulfill legal and tax obligations.

[Continues with sections 11-14, maintaining same format and structure...]

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The E-2 visa application process can be successfully completed with thorough preparation and following the correct steps.

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Documents required for an E-2 visa application may vary depending on the applicant's personal situation, investment nature, and business characteristics. However, the following documents must generally be prepared accurately and completely for a successful application.

1. Personal Documents

• Valid Passport:

• Must be valid for at least six months.

• Previous U.S. visas and entry stamps, if any.

• Biometric Photos:

• Meeting U.S. visa photo requirements.

• Birth Certificate:

• Original or certified copy.

• Criminal Record Check:

• Official document showing no criminal record.

• Resume (CV):

• Detailed list of education and professional experiences.

• Education and Certificates:

• Documents related to diplomas and professional certifications.

• Marriage and Birth Certificates (For Family Members):

• Required for spouse and children's applications.

2. Investment Evidence

• Source of Funds Documentation:

• Bank statements (last 12 months)

• Asset sale contracts (e.g., real estate sales)

• Inheritance documents or gift letters

• Business income and tax returns

• Fund Transfer Documents:

• Bank transfer receipts

• EFT and SWIFT messages

• Records showing how and when funds were transferred to U.S.

• Investment Expenditure Documents:

• Purchase agreements (equipment, furniture, inventory)

• Lease agreements or real estate purchase documents

• Service provider contracts (e.g., consulting, marketing)

3. Business Documents

• Company Formation Documents:

• Articles of Incorporation or Organization

• Business licenses and permits

• Business name registration documents

• Tax Records:

• Federal Employer Identification Number (EIN)

• State and local tax registrations

• Business Plan:

• Detailed and professional business plan

• At least 5-year financial projections

• Market analysis, marketing strategies, and competitive assessment

• Financial Statements:

• Income statement, balance sheet, and cash flow statements

• Last 3 years' financial data for existing businesses

• Lease or Property Documents:

• Lease agreement or deed for business premises

• Employee Contracts and Employment Documents:

• Contracts with existing or planned employees

• Employment policies and organizational chart

4. Investment Qualification Documents

• Purchase Agreements:

• Sales agreement for purchasing existing business

• Share transfer agreements

• Franchise Documents:

• Franchise agreement and payment proof

• Franchisee manual and support materials

• Equipment and Inventory Lists:

• List and invoices of purchased or to-be-purchased equipment

• Inventory records

5. Investor Experience Documents

• Professional Reference Letters:

• References from previous employers or business partners

• Certificates and Licenses:

• Documents showing professional qualifications

• Work Experience Documents:

• Service certificates from previous employers

• Documents proving management or business experience

6. Financial Obligation Documents

• Personal and Business Tax Returns:

• Tax returns for the last 3 years

• Bank Account Statements:

• Last 12 months' statements for personal and business accounts

• Debt and Receivables Lists:

• Details of current loans and debts

• List of receivables

7. Other Supporting Documents

• Insurance Policies:

• Business insurance (e.g., general liability, workers' compensation)

• Marketing and Advertising Materials:

• Brochures, website screenshots, advertising campaigns

• Industry Reports and Research:

• Market research related to your business sector

8. Application Forms and Fees

• Form DS-160:

• Non-immigrant visa application form, completed online

• Form DS-156E:

• Additional information form for E-1 and E-2 visa applications

• Visa Application Fee Receipt:

• Proof of visa application fee payment

• Appointment Confirmation:

• Consular interview appointment confirmation

9. Documents Required for Family Members

• Marriage Certificate:

• Document proving marriage to spouse

• Birth Certificates:

• Birth certificates for unmarried children under 21

• Passports and Photos:

• Valid passports and biometric photos for family members

10. Translations and Certified Documents

• Official Translations:

• Certified translations of all non-English documents

• Notarized Copies:

• Notarized copies of required documents

Important Notes:

• Document Currency:

• All documents must contain current and accurate information.

• Originality and Accuracy:

• Submitting false or misleading documents can have serious legal consequences and lead to application denial.

• Professional Support:

• Working with an immigration law expert during document preparation and submission will increase your application's success.

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Documents submitted in an E-2 visa application are among the most critical elements. Preparing documents completely, accurately, and professionally is crucial for a positive outcome. As Alaz Law, we provide comprehensive support in collecting required documents and preparing your application file.

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The E-2 visa application process is comprehensive, involving various costs and time periods. It's important for applicants to be prepared both financially and time-wise. In this section, we'll provide information about general costs and process durations you may encounter during your E-2 visa application.

1. Application Costs

a. Official Application Fees

• Visa Application Fee:
• There is a standard fee payable to U.S. Embassy or Consulate for E-2 visa application.
• SEVIS Fee:
• SEVIS fee typically doesn't apply for E-2 visas, but additional fees may apply in certain situations.

b. Legal Consultation and Professional Services

• Attorney Fees:
• A fee must be paid for services of an immigration law expert.
• Consulting Services:
• Professional consultation for business plan preparation, market research, and investment strategy may incur costs.

c. Document Preparation and Translation

• Notary and Apostille Services:
• Notary fees may be required for official document certification.
• Translation Services:
• Non-English documents must be translated by certified translators.

d. Other Expenses

• Travel Expenses:
• Travel and accommodation costs for consular interview.
• Postage and Courier Fees:
• Costs for document shipping and delivery.

2. Investment Costs

a. Business Establishment Costs

• Company Formation Fees:
• Formation and registration fees payable to state and local authorities.
• Licenses and Permits:
• Costs for necessary licenses and permits depending on business sector.

b. Business Capital and Expenses

• Equipment and Inventory:
• Purchase of necessary equipment, tools, and inventory for business operations.
• Office or Business Premises Costs:
• Rent payments or real estate purchase expenses.
• Personnel Costs:
• Employee salaries and benefits.

c. Marketing and Advertising

• Advertising Campaigns:
• Marketing expenses for business promotion.
• Website and Digital Marketing:
• Website development, SEO, and social media management costs.

3. Timelines and Schedule

a. Application Preparation Time

• Document Collection and Preparation:
• Collecting and preparing all required documents typically takes several weeks to months.
• Business Plan Preparation:
• Creating a detailed business plan may take time, depending on business complexity.

b. Application Processing

• Consular Interview Appointment:
• Wait time for appointment varies based on consulate workload and your country.
• Application Review:
• Review and finalization typically takes several weeks to months.

4. Renewal and Extension Periods

• Visa Validity Period:
• E-2 visa initially granted for several years, renewable indefinitely if conditions met.
• Renewal Application:
• Must apply for renewal before current visa expiration.
• Renewal Process:
• Similar timeline expected for renewal application review.

5. Factors Affecting Costs and Timelines

a. Business Type and Sector

• Sectoral Differences:
• Some sectors have higher business setup costs and license fees.
• Business Complexity:
• Larger and more complex businesses may require longer preparation and application time.

b. Geographic Location

• State and Local Taxes:
• Tax rates and fees in business location affect costs.
• Market Conditions:
• Regional competition and market dynamics influence investment amount and strategies.

c. Personal Circumstances and Document Preparation

• Document Completeness:
• Missing or incorrect documents can extend process and cause additional costs.
• Personal Situations:
• Previous visa denials, criminal records, or immigration history may affect process.

6. Tips for Optimizing Costs and Timelines

• Seek Professional Support:
• Attorneys and consultants can expedite process and minimize errors.
• Plan Ahead:
• Save time by preparing documents and investment plans in advance.
• Stay Updated:
• Application fees and procedures may change; regularly check official sources.

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Costs and timelines in the E-2 visa application process can vary depending on your investment and business characteristics. Making realistic financial plans and timelines will help ensure smooth process progression. As Alaz Law, we're pleased to offer professional support in managing costs and effectively planning the process.

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The E-2 visa offers various rights and advantages not only to the investor but also to their family. In this section, we will detail the benefits available to the spouse and children of E-2 visa holders in the U.S. and how they can utilize these rights.

1. Rights Granted to Spouses

a. Work Authorization

• Automatic Work Permit Application:
• The spouse of an E-2 visa holder can apply for work authorization (Employment Authorization Document - EAD) after entering the U.S.
• No Sector or Job Restrictions:
• Spouses can work in any sector and job; there are no restrictions.
• Application Process:
• Form I-765 Petition:
  • Form required for work permit application.
• Required Documents:
  • Passport copy, visa page, I-94 records, and marriage certificate.
• Processing Time:
  • Application approval typically takes several months.

b. Educational Opportunities

• Right to Education:
• Spouses can pursue full-time or part-time education in the U.S.
• University and Certificate Programs:
• Can enroll in undergraduate, graduate, or certificate programs.

2. Rights Granted to Children

a. Educational Rights

• Public School Education:
• Unmarried children under 21 can enroll in U.S. public schools free of charge.
• University Education:
• Children can enroll in U.S. colleges and universities.
• Note: In-state or out-of-state tuition rates may apply.

b. Work Rights

• Work Authorization:
• Generally, children do not have work authorization.
• However, children over 16 may have limited part-time work opportunities (especially as students).

3. Family Members' Visa Duration and Renewal

• Visa Duration:
• Family members' visa duration matches the primary E-2 visa holder's period.
• Renewal Procedures:
• Family members' visas can be renewed when primary visa holder renews.
• Status Maintenance:
• Children can maintain E-2 dependent status until age 21.

4. Travel Rights and Restrictions

• Unlimited Entry and Exit:
• Family members can make unlimited entries and exits to/from U.S. during visa validity.
• Visa Validity Period:
• Must check visa and passport validity when planning travel.

5. Social Security and Driver's License

a. Social Security Number (SSN)

• For Spouses:
• Spouses with work authorization can apply for Social Security Number.
• For Children:
• Generally cannot obtain SSN, but possible in certain situations.

b. Driver's License

• Spouse and Children:
• Can obtain driver's license according to state laws.
• Must apply at local DMV offices with required documents.

6. Access to Healthcare Services

• Health Insurance:
• Family members must obtain health insurance for U.S. healthcare access.
• Can consider private health insurance plans or employer-provided plans.

7. Tax Obligations

• Tax Returns:
• Spouses with work authorization must file tax returns for earned income.
• Dependent Status:
• Family members can be claimed as dependents for tax planning purposes.

8. Other Important Considerations

• Spouse's Business Ventures:
• Spouses with work authorization can establish their own businesses.
• Immigration Status Maintenance:
• Family members must fully comply with U.S. immigration laws and visa conditions.
• Age 21 Limitation:
• Children must transition to different visa status upon reaching age 21 (e.g., student visa).

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The E-2 visa offers broad opportunities for family members in the U.S., including living, working, and education. Proper management of the application process and following required procedures is essential for family members to fully benefit from their rights.

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While the E-2 visa provides temporary residence rights through investment in the U.S., a Green Card offers permanent residence and work authorization. E-2 visa holders seeking long-term residence and work in the U.S. can transition to a Green Card through various pathways. In this section, we'll detail the transition alternatives, processes, and key considerations.

Transition Alternatives and Details

1. EB-5 Investor Visa Program

The EB-5 program enables direct Green Card acquisition through specific investment and job creation.

• Requirements:
  • Investment Amount: Minimum $1,050,000 or $800,000 in targeted employment areas (TEA).
  • Job Creation: Must create at least 10 full-time jobs for U.S. citizens or legal permanent residents.
• Process:
  1. I-526 Petition: Submit investment and employment plan to USCIS.
  2. Conditional Green Card: Receive 2-year conditional Green Card after approval.
  3. Conditions Removal: File I-829 form after 2 years to remove conditions.
• Advantages:
  • Permanent residence for family members.
  • Freedom to live and work anywhere in the U.S.

2. EB-1C Multinational Executive or Manager Visa

This category suits executives or managers transferring to U.S. offices of international companies.

• Requirements:
  • Company Relationship: Connection between foreign company and U.S. entity.
  • Position: At least 1 year of executive or managerial experience in past 3 years.
• Process:
  1. I-140 Petition: Employer-sponsored application to USCIS.
  2. Green Card Approval: Permanent residence granted after approval.
• Advantages:
  • Direct Green Card application possibility.
  • Process can be expedited with employer sponsorship.

3. EB-2 NIW (National Interest Waiver)

If your expertise serves U.S. national interests, you can apply for a Green Card without employer sponsorship.

• Requirements:
  • Advanced Degree or Exceptional Ability: Master's, Ph.D., or exceptional ability in your field.
  • National Interest: Work must significantly benefit U.S. economy, culture, or education.
• Process:
  1. I-140 Petition: Direct application to USCIS.
  2. Green Card Approval: Permanent residence granted after approval.
• Advantages:
  • No employer sponsorship needed.
  • More flexible process.

4. PERM Labor Certification with Employer Sponsorship

This path is available when a U.S. employer wants to hire you for a permanent position.

• Requirements:
  • Job Offer: Full-time, permanent job offer from U.S. employer.
  • Labor Certification: Employer must prove insufficient qualified U.S. workers available.
• Process:
  1. PERM Process: Application and approval from Department of Labor.
  2. I-140 Petition: Employer-sponsored application to USCIS.
  3. Green Card Approval: Permanent residence granted after approval.
• Advantages:
  • Applicable across various sectors and positions.
  • Green Card opportunity for family members.

Step-by-Step Transition Guide

1. Situation Assessment:

   • Analyze current visa status and business performance.
   • Define long-term goals.

2. Transition Path Selection:

   • Determine which alternative best suits your situation.
   • Review requirements and processes in detail.

3. Seek Professional Support:

   • Consult with an immigration law expert.
   • Professional guidance is crucial due to process complexity.

4. Document Preparation:

   • Gather all required documents for your chosen path.
   • Financial records, business plans, education and experience documentation.

5. Application Submission:

   • Complete relevant forms accurately and completely.
   • Submit application to appropriate authorities on time.

6. Application Monitoring:

   • Regularly check application status.
   • Respond promptly to any requests for additional information.

Real-Life Examples

Example 1:

Mrs. Merve's Success

Mrs. Merve established a restaurant chain in the U.S. with an E-2 visa. Through her business success and job creation, she applied for the EB-5 program and obtained a Green Card.

Example 2:

Mr. Ahmet's Career Move

Mr. Ahmet obtained Green Card approval through the EB-2 NIW category due to his expertise in the technology sector.

Potential Challenges and Solutions

• High Investment Requirement:

  • Solution: Consider expertise-based alternatives like EB-2 NIW instead of investment-focused options.

• Long Wait Times:

  • Solution: Minimize delays by starting early and submitting complete documentation.

• Legal Changes:

  • Solution: Monitor current legal regulations and seek professional guidance.

Legal and Current Information

• Legal Regulations: Immigration laws and policies may frequently update. Regularly check USCIS and official sources.
• Quotas and Limitations: Some visas have annual quotas. Consider this factor when planning your application.
• Pandemic Effects: Extraordinary situations like COVID-19 may affect processes. Stay updated with current information.

Important Considerations

• Maintaining E-2 Status:

  • Continue meeting E-2 visa requirements during Green Card application.
  • Keep business active and profitable.

• Legal Compliance:

  • Maintain full compliance with U.S. immigration laws throughout the process.
  • Any violations can lead to application denial.

• Professional Support:

  • Working with experienced attorneys and consultants increases success chances.
  • Expert guidance is important for complex documentation and legal requirements.

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The transition from E-2 visa to Green Card requires careful planning and consideration of various options. Success depends on choosing the most appropriate path and following proper procedures. As Alaz Law, we provide comprehensive support throughout this transition process.

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In this section, you can find the most frequently asked questions about the E-2 visa and their detailed answers. This is prepared to shed light on matters you may be curious about regarding your application or visa process.

1. What is the Minimum Investment Amount for E-2 Visa?

Answer: There is no officially set minimum investment amount for E-2 visa. However, the investment must be "substantial" relative to the type and size of the business. The investment amount should be sufficient for successful business operation. Generally, six-figure amounts are considered appropriate for small-scale businesses, though this can vary by sector and business needs.

2. Which Sectors are Eligible for E-2 Visa?

Answer: Almost all legal and for-profit sectors are eligible for E-2 visa. The key is that the business must show active and genuine commercial activity and not be marginal. Restaurants, consulting firms, technology companies, manufacturing facilities, service sector businesses, and franchises are among commonly preferred sectors.

3. How Long Can I Stay in the U.S. with an E-2 Visa?

Answer: E-2 visas are typically issued with 2-5 year validity periods and can be renewed indefinitely if conditions are met. Upon each entry to the U.S., you generally receive a 2-year stay permit. You can continue staying in the U.S. as long as your business remains active and successful and you maintain visa requirements.

4. Can I Get a Green Card with an E-2 Visa?

Answer: E-2 visa is a non-immigrant status and doesn't directly provide a Green Card. However, E-2 visa holders can explore other immigration paths for transitioning to a Green Card. Options include the EB-5 investor program, EB-1C multinational executive visa, or employer sponsorship. For detailed information, see the Transitioning from E-2 Visa to Green Card section.

5. What Can I Do If My E-2 Visa Application is Denied?

Answer: If your application is denied, it's important to analyze the reasons for denial and correct any deficiencies or errors. You can reapply addressing the reasons for denial. Additionally, you may have the right to request an appeal or administrative review of the decision. It's recommended to seek support from a professional immigration attorney.

6. How Long Can I Stay Outside the U.S. as an E-2 Visa Holder?

Answer: There's no specific restriction on how long E-2 visa holders can stay outside the U.S. However, lengthy and frequent absences from the U.S. may cause your visa status to be questioned. Visa officers expect your active participation in your U.S. business. If planning extended overseas travel, it's important to demonstrate your continued involvement in business management.

7. Can I Work at Another Job with an E-2 Visa?

Answer: No, an E-2 visa holder's work authorization is limited to the business tied to their visa investment. Working at another job or operating a different business violates E-2 visa conditions. However, you can pursue different projects or business opportunities within the scope of your enterprise.

8. Can I Sell or Transfer My Business with an E-2 Visa?

Answer: Yes, you can sell or transfer your business. However, you may lose your E-2 visa status upon selling or transferring the business because E-2 visas are granted based on investment in and activities related to a specific business. If planning to sell your business, you may need to make a new investment or transition to a different visa category to maintain your status.

9. What Happens When My Children Turn 21 as an E-2 Visa Holder?

Answer: Children in E-2 dependent status lose this status when they turn 21. In this case, they must transition to a different visa status to continue staying in the U.S. Options typically include student visas (F-1) or work visas (such as H-1B).

10. Is There a Language Proficiency Requirement for E-2 Visa?

Answer: There is no official English language proficiency requirement for E-2 visa. However, having sufficient English skills will be beneficial for effectively managing your business and communicating during the application process.

11. How Important is the Business Plan in E-2 Visa Application?

Answer: The business plan is one of the most critical elements of an E-2 visa application. Your business plan must be prepared in detail and professionally to demonstrate that your investment and business will be successful, contribute economically, and not be marginal. It should include financial projections, market analysis, and growth strategies.

12. Can I Buy a House in the U.S. as an E-2 Visa Holder?

Answer: Yes, you can purchase a house or real estate as an E-2 visa holder. However, real estate investments are not eligible for E-2 visa purposes. The house you purchase should be for personal use and doesn't affect your visa status.

13. How Long Does an E-2 Visa Application Take to Process?

Answer: E-2 visa application processing time varies depending on the consulate or embassy where you apply, application volume, and complexity of your application. It typically takes several weeks to several months to complete. It's important to consider these timeframes when planning your application.

14. Can I Study in the U.S. with an E-2 Visa?

Answer: Yes, you can pursue education in the U.S. as an E-2 visa holder. However, remember that your primary activity must be managing your business. Full-time study might raise questions about your involvement in business management. Therefore, it's advised to arrange your educational plans in harmony with your business activities.

15. Is Premium Processing Available for E-2 Visa Applications?

Answer: Yes, premium processing is available if you're applying for change of status within the U.S. (Form I-129). For an additional fee, your application can be processed within 15 calendar days. However, premium processing is not available for consular applications made from abroad.

16. Can I Invest in Multiple Businesses with an E-2 Visa?

Answer: E-2 visas are typically granted based on investment in a specific business. However, in some cases, you can invest in multiple businesses. In such cases, all businesses must meet E-2 visa requirements and be detailed in your application. As this is a complex situation, it's recommended to seek support from a professional attorney.

17. Can I Bring Employees to the U.S. with an E-2 Visa?

Answer: Yes, you can bring employees from the same treaty country to the U.S. with E-2 employee visas for key positions in your business. Employees must be in executive, supervisory, or specialized skill positions. Separate applications must be made for each employee.

18. Can I Open a Bank Account in the U.S. with an E-2 Visa?

Answer: Yes, you can open personal and business bank accounts in the U.S. as an E-2 visa holder. Documents such as your passport, visa documents, and proof of address may be required to open a bank account.

19. Can I Get a Social Security Number (SSN) with an E-2 Visa?

Answer: Yes, you can apply for a Social Security Number as an E-2 visa holder. SSN is necessary for filing tax returns and other official transactions.

20. Can I Rent or Purchase Property in the U.S. as an E-2 Visa Holder?

Answer: Yes, you can rent or purchase residential or commercial property in the U.S. as an E-2 visa holder. This applies to both personal use and business operations.

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These frequently asked questions and answers are intended for general information about the E-2 visa. For questions specific to your situation and detailed information, it's recommended to consult with a professional immigration attorney.

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As Alaz Law, we provide comprehensive and professional legal support during the E-2 visa application process. This section details our services and advantages we provide to our clients.

Services Offered

Core services provided during application process:

• Initial assessment and strategy development
• Business plan and documentation preparation
• Application file creation
• Consular interview preparation

Consulting Services

Professional consulting includes:

• Investment strategy development
• Market analysis and feasibility studies
• Risk assessment
• Alternative solution proposals

Process Management

In managing the application process:

• Regular progress reports
• Transparent communication policy
• Proactive problem solving
• Process optimization

📧 Email: info@alazlaw.com

This guide is for informational purposes and does not constitute legal advice.