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Moving to the U.S. on an E2 Visa

Serving Businesses and Individuals in Houston, Texas and Across the World

Gaining legal resident status in the United States can be a very long and involved process. Depending on your country of origin and the type of visa you’re pursuing, the wait time can be years. The E2 visa process, on the other hand, can often be completed sooner. In other words, the investor visa is an attractive option for nationals of treaty nations who have the resources to make a substantial investment in a business in the United States.

Certain employees of the investor or a qualifying organization may also qualify for dependent visa. And, spouses and unmarried children under the age of 21 may also be granted E2 dependent status.

E2 Visa Eligibility

To qualify for an E2 visa, a treaty investor must be a national of a treaty country, though they needn’t be currently residing in that country. In fact, one way to apply for an E2 visa is to be in the United States on another type of visa and apply for a change in status. The duration of the initial E2 visa differs depending on the country, and could generally range from two to five years. However, there is no limit on the number of renewals that may be granted.

The applicant must also have invested, or be in the process of investing, “a substantial amount of capital” in a U.S. business. There’s no specific dollar figure that constitutes “substantial.” Instead, the amount of the investment is judged based on the relationship of the investment to the total cost of purchasing or establishing a business, the investment being in an amount sufficient to ensure the investor’s financial commitment, and an investment sufficient to support the likelihood that the investor will succeed in developing and managing the business.

The investment funds must be at least partially at risk if the investment fails, and the applicant must be able to demonstrate that the funds were not derived from criminal activity.

Though the investor visa process is simpler than many other visa applications, and the process generally moves quickly, there is a lot of groundwork required. An experienced E2 visa attorney can help ensure that the amount of your investment is sufficient and other criteria are met, and present this information and supporting evidence in the most effective way.

Yaser Masood has an in-depth knowledge of the E2 visa application process, and is dedicated to your success.

Employee Qualifications

The qualifications for an employee of a treaty investor to be granted E2 status are more complicated. The employee must be of the same nationality as the investor and either be engaged in managerial or executive duties or have special qualifications. Like the substantial nature of the investment, special qualifications are assessed on a case-by-case basis. An experienced immigration attorney can tell you more about how likely the qualifications of a specific employee are to satisfy this test.

E2 Visas and Citizenship

One limitation of the E2 visa is that it is a non-immigrant visa. While an E2 visa holder may remain in the United States for years, it must be with the intent to eventually leave the country when the E2 visa expires and is not renewed. An E2 visa holder will not receive a green card, and doesn’t have a direct path to citizenship. However, if the visa holder is otherwise qualified, they may be able to apply for a change in status and switch to an immigrant visa.

Talk to an Investor Visa Attorney Today

When such an important aspect of your future is on the line, you owe it to yourself to have a knowledgeable, dedicated advocate at your side. Attorney Yaser Masood has the experience you need–but that’s only the beginning. Yaser grew up in Pakistan, studied at London University, has lived and worked in the international arena for more than 15 years, and has experience working with people from a wide range of cultures.

To learn more about how this PLLC can help you submit the most effective E2 visa application possible, call (346) 300-1121 or fill out our contact form right now.

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