E1/E2 Investor Visas

The United States places a special emphasis on foreign investment and offers certain visas known as E1/E2 investor visas to encourage these investments.  US Citizenship and Immigration Service (USCIS) rules state that E1 visas are designed for nationals of a treaty country who wish to immigrate to the United States solely to engage in international trade on his or her own behalf.

Whereas E2 visas are designed for people who wish to immigrate to the United States when investing a substantial amount of capital into a US business. Both these visas have very specific requirements that must be met in order for the visa to be issued and the application process can be long and complicated. 

This is why many individuals attempting to acquire these visas hire expert legal representation to guide them through the process and ensure that their applications are done correctly to ensure that they have the best chance of approval.

Our immigration attorneys at Premier Immigration Solutions PLLC are experts in the E1/E2 visa process and can guide you through the application process with our meticulous attention to detail and abundant knowledge of immigration law and USCIS application processes.  

E1 Visa Requirements

The criteria for an E1 Visa require you to be a national of what is known as a treaty country, which is defined as a nation that has a treaty with the United States of commerce and navigation. Our skilled immigration attorneys will know which countries meet this requirement. 

Additionally, the trade in which you are engaged in must be substantial, involving a continuous flow of sizable international trade items and more than 50% of the total volume of international trade must be between the U.S. and the treaty country.

Practical Steps for Obtaining an E1 Visa

1. Be Able to Demonstrate That You Engage in Substantial Trade

After confirming that you meet the treaty eligibility, you will need to be able to demonstrate substantial and continuous trade between your home country and the U.S. This trade should involve significant international transactions and be pre-existing prior to your application.

You will need to collect supporting documents to prove that you are engaging in substantial trade such as contracts, invoices, and other evidence of substantial trade. You will also want to make sure to include business registration documents and proof of nationality.  Our expert visa attorneys will be able to ensure that you have all of the right documents for your visa application.

2. Choose the best legal structure for your business

The legal structure of your business can have huge ramifications for tax and liability purposes. Our immigration lawyers can guide you as to which business entity structure will work for you.

Additionally, if the trade you are engaged in does not meet the 50% requirement with the United States because you are engaged in trade with a significant number of other countries, you may want to consider setting up a subsidiary that strictly does business with the US and your home country to meet this requirement.

3. Hire a skilled E1 Visa Lawyer

The application process can be intense and complicated, and an attorney can be a big help in ensuring that your application is done correctly and is processed swiftly. An E1 visa immigration attorney can help you in the following ways:

• Ensure that you nation meets the treaty obligation
• Assist in completing Form DS-160 in and accurate and complete manner
• Gather relevant documentation to prove significant international trade
• Preparation for your interview with USCIS
• Assistance in business structuring

Our attorneys at Premier Immigration Solutions PLLC will work to ensure that your application is submitted accurately, and your claim is processed as quickly as possible. We will do everything in our power to assist with your E1 Visa application. Contact Premier Immigration Solutions PLLC today to set up a consultation.

E2 Visa Requirements

The E2 Visa is designed for people who wish to invest in a US business. The criteria also require you to be from a treaty nation. In addition, you are required to make a significant investment in the business and ensure that the business is not marginal. To be considered not marginal, the business should have the capacity to support both the investor and their family. 

To meet these criteria, you must provide USCIS with adequate documentation about the nature of the business and the business structure. It is also helpful to show that the investment will create job opportunities for U.S. workers. Many individuals choose to engage a skilled immigration attorney to ensure their application is done correctly and that the documentation and evidence to show that the business will meet the criteria is provided. 

Practical Steps for Obtaining an E2 Visa

1. Ensure that your Business Entity is Well Established

The type of business entity you establish will be incredibly important and greatly scrutinized by the USCIS. You will need to have a specific and clear plan regarding the aspects of your business and how you plan to generate income. This will include filing an articles of incorporation, bylaws, and applying for a business identification number. However, you may need to do more than that and our skilled immigration lawyers will be able to help.

2. Make Sure that your Entity is Well Funded

One of the key criteria in obtaining an E2 visa is a significant investment in a US business and typically USCIS only approves applications with a fully funded investment, though those applications with a significant amount of the funds do sometimes get approved. The higher the investment, the more likely the application is to be approved.

3. Choose the Business Entity Structure that is Best for your Business

Choosing the correct business structure can be crucial as it will affect taxation and liability issues. Our attorneys can help you determine which legal business structure will be best for you, whether that be a corporation, LLC, or another business entity. 

Our attorneys will be able to look at your business plan and determine which type of business entity will be most beneficial for you for taxation and liability purposes. It will help determine your business processes for the future and help show your business plan to USCIS.

4. Create a Detailed Business Plan

This is an incredibly important step in the process as this is where you show the USCIS a concrete idea about how your business will operate and create income. A lot of this information  will be dependent on your business type but may include:

• Services or products your business plans to offer
• The expenses, including start-up expenses, you will bear
• Revenue generation plan, both short-term and long-term
• Company policies and procedures
• Networking plans and opportunities
• Any strategies to gain a competitive advantage
• Overall picture of your company for the next three to five years

The plan should show how your business plans generate revenue in a convincing, detailed, and realistic manner. Our attorneys or  a business planner should be able to assist.

5. Hire a skilled E2 Visa Attorney

A skilled E2 visa can ensure that your visa application is done accurately and is processed as quickly as possible in the following ways:

• Ensuring your nation meets the treaty requirements
• Drafting a detailed E2 visa business plan with the necessary documentation
• Completing USCIS forms accurately and ensuring they are submitted correctly
• Preparing you for any interviews with USCIS officials
• Helping secure funding for your business

The applicant needs to be an active investor in the process of investment and the higher the investment amount, the more likely your visa is to be approved. Our expert visa attorneys at Premier Immigration Solutions PLLC will do everything in our power to help you through the visa application process and to get your visa approved. 

Premier Immigration Solutions PLLC offers full service immigration legal assistance and will help guide you through the entire process from business planning and your USCIS application to the interview with USCIS. We meticulously review your eligibility for E1/E2 visas and assist you in any way we can throughout the process. If you are in need of legal assistance for an E1/E2 visa, contact us today to set up a consultation.