E2 Visa Lawyer Ileana Rivera in Orlando Answers Your Questions
What Is an E2 Visa?
What is an E2 visa? An E2 visa is a non-immigrant visa that allows foreign investors to live and work in the United States by making a substantial investment in a qualifying U.S. business. This visa offers a unique opportunity for investors to take advantage of the robust U.S. economy while living and operating their business legally within the country. The E2 visa is particularly attractive because it accommodates investors with a wide range of capital, making it accessible whether you’re starting a small business or investing in a larger enterprise.
If you are an investor considering the E2 visa as a pathway to live and work in the U.S., we encourage you to read this blog in its entirety. It is designed to address the most common questions investors have about the E2 visa process.
Ileana Rivera, an E2 visa lawyer in Orlando, Florida, USA, answers the most frequently asked questions here.
How much capital do I need to invest?
The general guideline for an E2 visa investment is that the amount you invest must be substantial relative to the costs required to either start a new business or purchase an existing one. The law does not specify a minimum dollar amount that qualifies as a substantial investment. Instead, the U.S. government evaluates whether your investment is sufficient based on the nature and needs of the specific business you are pursuing.
To determine if your investment is considered substantial, the government will assess whether the amount invested is adequate to ensure the successful operation of your business. This means your investment should cover a significant portion of the costs necessary to launch and sustain the business, considering the industry standards, the scale of the operation, and overall financial requirements of the business type you have chosen.
How many jobs do I need to create?
We recommend that your E2 visa business focus on creating several new jobs, as job creation is a key factor in demonstrating the enterprise’s substantial impact on the U.S. economy. To strengthen your E2 visa application, it’s crucial that job creation is not just a part of your business model but the central theme of your enterprise.
What will be my job as an investor?
As the E2 visa investor, your primary responsibility is to actively manage and oversee the day-to-day operations of your business. You can serve as the general manager, CEO, CFO, President, or such and take a hands-on approach to running the enterprise and ensuring its success. This role involves not only managing the staff and making critical business decisions but also overseeing the financial health, marketing strategies, and overall growth of the company.
Your involvement in the business must be substantial and direct, as the E2 visa requires that you demonstrate active management and control. This means you are not just an investor, but an integral part of the business’s leadership, driving its success through your strategic oversight and operational involvement.
How long is the E2 Visa process?
The applicant first gathers all the necessary documents and completes Form DS-156E. Then, both the applicant and their family dependents must complete and submit form DS-160 online and pay the required visa fees. Afterward, the application package should be emailed to the U.S. Embassy in the applicant’s country. It typically takes about 15 days for the Embassy to schedule an interview with the E2 visa applicant and issue the visa. However, investors should be aware that the processing time can vary depending on the specific U.S. Embassy.
Can the spouse of an E2 visa investor work?
Yes, the spouse of the E2 visa investor is automatically authorized to work in the United States after approval of the E2 visa. The spouse can apply for a Social Security number (SSN) upon arrival, which is necessary for employment, filing taxes, and accessing other benefits within the U.S. This flexibility provides the spouse with valuable opportunities to contribute financially, pursue a career, or start their own business while supporting the family’s immigration journey. This benefit is a significant advantage for E2 visa families, enhancing their overall stability and integration into life in the United States.
Can the children of an E2 visa investor attend school?
Yes, the children of an E2 visa investor are permitted to attend school in the United States. They may enroll in either public schools, free of charge, or private schools. To qualify, the children must be under 21 years of age and unmarried. Additionally, in some states, they may be eligible for in-state tuition rates at state colleges and universities.
Can the investment capital be a gift?
Yes, an E2 visa investor can use capital from a gift to fund their investment. A qualified lawyer is best to assist you in tracing the source of these funds to ensure they meet the necessary qualifications. This involves demonstrating to the government that the gift originated from a legitimate source, as this verification is required for your E2 visa application.
Can the E2 visa investor buy an existing business?
Yes, E2 visa investors are strongly encouraged to consider purchasing an existing business, as it often presents a more straightforward path compared to starting a brand-new enterprise. Acquiring an established business allows investors to step into a proven operational model with an existing customer base, brand recognition, and revenue stream, which can significantly reduce the risks associated with launching a new venture.
One of the key advantages of buying an existing business is the opportunity to thoroughly review the business’s financials before making a commitment. This includes evaluating profit and loss statements, balance sheets, and cash flow reports to ensure the business is financially sound and capable of meeting the E2 visa’s “substantial investment” requirement. This due diligence process provides a clearer picture of what the investor is buying into, allowing for more informed decision-making.
Additionally, purchasing an existing business often comes with the benefit of acquiring trained staff, established supplier relationships, and an operational infrastructure, all of which can save time and resources that would otherwise be needed to build from the ground up.
Investors also have the option to purchase a franchise, which can be an attractive alternative. Franchises offer the advantage of a proven business model, brand support, and ongoing operational guidance from the franchisor. This can be particularly appealing for investors who prefer to operate within a well-defined framework while still owning and managing their business.
Whether you choose to buy an existing business or invest in a franchise, both options provide a more secure and structured way to fulfill the requirements of the E2 visa, making your transition into the U.S. business landscape smoother and more predictable.
What types of businesses qualify for E2 Visa?
Qualifying businesses for the E2 visa must meet specific criteria, including having a dedicated physical location and providing either goods or services. Unlike some other business models, home-based businesses do not qualify for the E2 visa. This requirement underscores the importance of establishing a tangible presence in the U.S. economy, where your business operates from a physical space that not only serves customers but also provides a workplace for your employees.
The physical location can be an office, storefront, or any commercial space that aligns with the nature of your business. It’s crucial that the business environment supports the day-to-day operations and offers a professional setting where employees can carry out their work effectively.
Our clients have successfully navigated this requirement by investing in a variety of businesses that fulfill these criteria. For example, some have purchased or started restaurants, providing a physical dining space for customers and a kitchen for staff. Others have launched a medical equipment business, operating from a commercial property where products are stored, sold, and serviced. We’ve also worked with clients who have started cleaning service companies, construction firms, and other businesses that require a physical workspace to manage operations and serve clients.
Does an E2 visa lead to a Green Card?
No, the E2 visa does not directly lead to a green card. The E2 visa is classified as a non-immigrant visa, which means it is designed for temporary residence in the United States, without the explicit intent of obtaining permanent residency. The primary purpose of the E2 visa is to allow foreign investors to live and work in the U.S. while managing their business, but it does not automatically transition into a green card or permanent residency.
However, while the E2 visa itself does not offer a direct path to a green card, there are several strategies that E2 visa holders can explore to eventually obtain permanent residency. These strategies often involve changing your immigration status or applying through different visa categories that do lead to a green card. For example, E2 visa investors might consider applying for an EB-5 visa, which is an immigrant investor visa that can lead to a green card if certain investment and job creation criteria are met. Other options might include employer sponsorship, family sponsorship, or applying for an EB-2 or EB-3 visa if you qualify under those categories.
It’s important to note that transitioning from an E2 visa to a green card can be complex and may require careful planning and legal guidance. We encourage you to read our other blogs for more detailed information on the various pathways to a green card and how they might apply to your specific situation. Understanding these options can help you plan your long-term immigration strategy and make informed decisions about your future in the United States.
How long does the E2 visa last?
The E2 visa typically lasts for approximately five years, depending on the applicant’s country of origin. You can apply for extensions at the U.S. Embassy abroad indefinitely as long as your business remains viable. However, E2 visa holders can stay physically in the United States for up to two years at a time. It is important to keep track of your entry date and ensure that you leave the United States before the two-year period from your last entry expires. Upon re-entry, you can be admitted for another two-year period.
How can an E2 visa lawyer in Orlando help me?
Attorney Ileana Rivera has worked with numerous investors and their families to achieve their dream of living and working in the United States. She has over 10 years of experience submitting successful E2 visa applications in Orlando. Her insights are crucial in providing you with the guidance needed for success. For example, her office assisted a Brazilian national with Italian citizenship in successfully applying for an E2 visa in Brazil. Another client, a French national, was approved for the E2 visa in Cameroon. We have worked with clients from numerous countries, including Canada, Spain, Turkey, Panama, Colombia, Mexico, United Kingdom, and Norway, among others.
The process begins with a consultation to understand the business and explain the legal requirements. You can reach her at +1(407) 818-1244, WhatsApp +1(407) 720-8983, or email at service@immigration-uni.com. Our E2 visa lawyers speak English and Spanish.
Ileana Rivera, Esq. Immigration Attorney at Immigration Universe in Orlando, FL.
Post updated 8/9/2024
