E2 Visa Lawyer in New York – Berd & Klauss, PLLC
E-1 and E-2 visas are non-immigrant employment- based investor visas for foreign nationals who are citizens of certain countries that have treaties with the United States. The E-1 Treaty Trader visa is available to foreign nationals of countries with which the United States maintains a Treaty of Commerce and Navigation. The foreign nations of these countries who are coming to the United States to carry on substantial international trade are allowed to enter through this visa
The E-2 Investor visa is available to foreign nationals of countries that have an Investor Treaty with the United States. The foreign national, or foreign entity, must make a substantial investment in the United States enterprise. While there is no black and white figure which is required to meet the “substantial” investment test, the required amount to be considered “substantial” depends on a variety factors including the type of the industry, the type of business, and the location of the business. For example, if the business is a restaurant in New York, the E-2 investor would be expected to invest in premises, kitchen build out, supplies, raw goods, advertising, among other items. In comparison, a consulting business may be more hard pressed to justify a high enough amount of investment due to the low startup costs required for such an enterprise. Therefore, a lower amount of money will be considered ‘substantial’ for the second type of business. Our E-2 visa lawyers based in New York have extensive experience with this E-2 visa category and have guided companies of all kinds with successful applications
FAQs
This is where a lot of investors get confused because USCIS does not use one fixed dollar amount. What matters is whether the money is enough for the specific business you intend to operate. Your investment should cover the cost of launching and running that business. It must not be marginal, meaning the business should do more than provide basic income for you and your family.
At the same time, an E-2 case needs more than proof that you have money. You must also show that:
- You have invested or are actively investing funds
- The business is not passive
- You will direct the company
Your E2 visa lawyer in New York from Berd & Klauss, PLLC can identify issues that may weaken your application by reviewing these before you file:
- Your nationality
- Your business plan
- Your ownership percentage and control over the business
- Your investment records
- Your source-of-funds documents
We can also explain whether your investment looks strong enough for the type of company you want to operate in the United States.
If you want to proceed with the application, we can help you:
- Prepare visa forms
- Organize bank records and contracts
- Review your business plan
- Document business expenses
- Connect each exhibit to the E-2 requirements
Yes, but you need to show that the money has been committed to the business (usually in the form of a lease and equipment) and that the company is close to opening, not just a vague idea planned for the future. Our E2 visa lawyer in New York can help.
Yes. We can document the purchase terms and demonstrate how the purchase gives you control of the business.
The E-2 visa does not directly lead to a green card. Some investors later explore separate immigrant visa options if they qualify.