E-2 Treaty Investor Visa Lawyer in Philadelphia, PA

Are you considering launching or investing in a business in the United States? The E-2 visa may be the ideal solution. This nonimmigrant visa allows foreign nationals of treaty countries to enter the U.S. to direct and develop a business in which they have invested a substantial amount of capital.

If you’re looking to obtain this nonimmigrant visa, our professionals in Philadelphia can help. Since the E-2 visa application process can be complex and challenging to navigate on your own, our immigration attorneys are dedicated to providing you with the guidance and support you need to successfully secure your employment-based visa. We will work closely with you to ensure that your application is complete, accurate, and compelling, as well as help you gather all the necessary documentation and represent you before the United States Citizenship and Immigration Services (USCIS).

Contact our law office today to schedule a consultation with an experienced E-2 visa lawyer in Philadelphia, PA!

What Are the Requirements of an E-2 Visa?

To qualify for an E-2 visa, both the applicant and the investment must meet specific criteria set forth by U.S. Citizenship and Immigration Services (USCIS). Here are the core requirements:

Treaty Country Nationality: You must be a national of a country that maintains a treaty of commerce and navigation with the United States. A list of qualifying countries is available on the Department of State website.
Substantial Investment: Your investment must be substantial, meaning it is sufficient to ensure the successful operation of the enterprise. USCIS does not set a specific dollar threshold, but the investment should be proportional to the cost of establishing or purchasing the business.
Real and Operating Enterprise: The investment must be made in a bona fide enterprise, which refers to a real, active commercial or entrepreneurial undertaking that produces services or goods for profit.
Investment at Risk: The invested capital must be at risk and subject to partial or total loss. Loans secured by the assets of the enterprise are not considered qualifying investments.
Investor Control: You must be coming to the U.S. to develop and direct the enterprise. This typically requires ownership of at least 50% of the business or possession of operational control through a managerial position or other corporate device.
Marginality Test: The enterprise should not be marginal, meaning it must have the capacity to generate more than just enough income to support you and your family. It should also demonstrate the potential for job creation and economic contribution.

Our treaty investor visa lawyers in Philadelphia can review your business plan and financial documents to ensure they align with these requirements and strengthen your application.

It is also important to note that there is a type of work visa similar to the E-2 visa that is for treaty traders. If you are engaged in substantial trade between your home country and the United States, a treaty trader visa lawyer can help you determine if you are eligible for an E-1 visa.

What Is the Period of Stay for an E-2 Visa?

An E-2 visa is typically granted for an initial period of two years. If you are granted an E-2 visa, you will be able to renew it indefinitely, as long as you continue to meet the eligibility requirements. To renew your E-2 visa, you will need to file a new application with the USCIS. You will also need to provide updated documentation, such as your business’s financial statements and tax returns.

It is important to note that an E-2 visa is a nonimmigrant visa. This means that it does not lead to a green card or U.S. citizenship. If you wish to become a permanent resident of the United States, you will need to apply for a different type of visa, such as an EB-5 immigrant investor visa.

Can Family Members Accompany You to the United States?

Your spouse and unmarried children under the age of 21 may be allowed to accompany you to the United States on an E-2 derivative visa. Your spouse will be able to apply for an employment authorization document (EAD), which will allow them to work in the United States, and your children will be able to attend school here.

It is important to note that your family members’ E-2 derivative visas will be tied to your E-2 visa. This means that if your visa is terminated, their derivative visas will also be terminated.

How to Apply for an E-2 Visa

The E-2 visa application process can be complex and time-consuming. It is important to start the process as early as possible to ensure that you have enough time to gather all the necessary documentation and prepare a strong application.

The first step in the E-2 visa application process is to file a petition with the USCIS. The DS-160 and DS-156E forms must be accompanied by a number of supporting documents, including:

A copy of your passport
A copy of your birth certificate
A copy of your marriage certificate (if applicable)
A copy of your children’s birth certificates (if applicable)
A comprehensive business plan
Financial statements for your business
Tax returns for your business
Proof of your investment in the business
Proof of your ownership of the business
Proof of your skills and experience in developing and directing the business

Once your petition is approved, you will need to schedule an interview with a U.S. consular officer in your home country. The consular officer will ask you questions about your business, your investment, and your ties to your home country. If the consular officer is satisfied that you meet all the eligibility requirements, they will grant you an E-2 visa.

Why You Should Hire an E-2 Treaty Investor Visa Lawyer

The E-2 visa application process is complex and can be difficult to navigate on your own. An experienced visa lawyer in Philadelphia, PA, can help you through every step of the process, from preparing your petition to representing you at your interview.

An investor visa attorney can help you:

Determine if you are eligible for an E-2 visa.
Gather all the necessary documentation.
File your petition with the USCIS.
Represent you before immigration authorities, respond to Requests for Evidence (RFEs), and advocate on your behalf if complications arise.
Appeal a denial of your E-2 visa application.

If you are considering applying for an E-2 visa, it is important to consult with an attorney. They can help you prepare a strong application that will increase your chances of success.

Consult With an E-2 Visa Lawyer in Philadelphia, PA

If you have any questions about your case or need help with the application process, our immigration attorneys are here for you. We have a deep understanding of the E-2 visa process and can help you navigate the complexities of immigration law to maximize your chances of success. Schedule a consultation with our law firm today to discuss your specific situation and learn more about how we can help you achieve your investment goals in the U.S.