Required
Documentation for the E2 Investor Visa
The
application process for a visa
to work and live in the US, such as the E2 investor
visa can be a long, complicated, and frustrating experience.
There are many important choices to make in this confusing
process and a wrong decision can ruin your opportunity
to obtain a green card through employment in the United
States. This site was created to give you the information
you need to make the right decisions. However, the information
on this site can in no way replace good advice from
immigration lawyers in USA who may update you on the
current law and specific documentation or procedures
required for your specific case. On that note, if you
haven’t already done so, stop right now and
read our homepage. It is full of surprising information
that could save you time and money. Once you have read
through our homepage, come back here to find out more
about your particular situation.
Read below
to find out clear and specific information about the
documentation and steps required to obtain an E2 investor
visa and ultimately be eligible to apply for your
green card and US citizenship.
Individuals
who are members of professions with advanced degrees
(any degree above a baccalaureate degree or a baccalaureate
degree and having at least 5 years progressive experience
in the professions) may seek classification in the
E2 investor visa category. The combination of a baccalaureate
degree with 5 years experience in the professions
is deemed equivalent to a Master's degree. Note, however,
that if a doctoral degree is required for the particular
profession, the alien must possess the doctoral degree.
What documents
do I need to apply for an E2 investor visa?
To apply
for the E2 investor visa the alien must provide the
following documentation:
For the E2 investor
visa:
- A business plan stating in
detail the nature and functions of the business,
the necessary initial investment, and employment
projections, including any of the following as
available:
- property or real estate
costs
- Cost of materials
- cost of employee wages
- cost of legal, professional
fee, and/or licensing fees
- asset purchase and sale
agreements
- mortgage or loan agreements
- contracts or letters of
understanding between the treaty enterprise
and customers and/or suppliers
- articles of incorporation
- financial statements, etc.
Note: I strongly
recommend that if you are interested in obtaining
this type of visa, you contact an immigration attorney
specializing in business immigration. An immigration
attorney may also even be able to help small enterprises
to create some of the formal documents necessary if
provided with the required information.
The most
useful information you may provide to the immigration
lawyer helping you obtain an E2 investor visa is as
follows:
- A comprehensive letter addressed
to the US Immigration Service stating the extent
of the principal alien's participation in the
investment;
- A statement of the applicant's
unequivocal intent to depart the United States
when E status ends;
- A copy of the investment's
most recent financial statement;
- A copy of passport for all
applicants;
- A copy of the birth certificates
and marriage certificate to support all secondary
applications; and
- A copy of U.S. Visa and Form
I-94 (if aliens are already in the U.S.) for all
applicants
Also, as discussed
above, if the alien seeking the E2 investor visa is
an employee of a treaty investment enterprise, then
he or she should submit to the immigration lawyer
evidence of the employment position including, organizational
chart, job description, along with evidence of recruitment
efforts made by the enterprise.
Another category
of the E2 investor visa (i.e. E2 visa for aliens of
exceptional ability)
Category
2 of the E2 investor visa encompasses aliens of exceptional
ability. These individuals are held to be at a lower
standard than the first priority aliens of extraordinary
ability. This category of E visa is different from
the E2 investor visa as no investment is actually
required. Exceptional ability is defined as a level
of expertise above that ordinarily encountered in
the sciences, arts or business. In order to qualify
for the E2 2nd visa category, the alien must meet
specific USCIS criteria.
Procedure for
E2 visa for aliens of exceptional ability (a bit different
from E2 investor visa applicants)
Prior to
filing the immigrant visa petition with the United
States Immigration and Naturalization Service (USCIS)
for either E2 investor visa or category 2 of E2 visa
(for aliens with exceptional ability), the alien must
first obtain a labor certification from the U.S. Department
of Labor. A labor certification is a test of the U.S.
labor market to determine whether minimally qualified
U.S. workers are available and willing to the job
in question. Only upon approval of a labor certification
application proving that no minimally qualified U.S.
workers who available and willing to do the job) may
an alien file the immigrant visa petition with USCIS
in either the E2 investor visa or category 2 of E2
visa for aliens with exceptional ability categories.
Upon approval
of the immigrant visa petition, the individual and
his/her spouse and children under 21 years of age
may apply for their immigrant visas either through
adjustment of status in the United States or through
consular processing at a U.S. Consulate outside of
the United States. Both the E2 investor visa and category
2 of the E2 visa provide for a waiver of the job offer
requirement if it can be established that such a waiver
would be in the national interest of the United States.
As a final
note, I must tell you that the application and processing
of both the E2 investor visa and category 2 of the
E2 visa (for aliens of exceptional ability) are highly
complex and with each of the visas much is at stake.
As I have warned in other places on this website,
one wrong move in the immigration procedure of applying
for these visas or any visa in general can blow your
chances of ultimately obtaining your green card and
US citizenship.
To prevent
any fatal error that may potentially harm your chances
of getting a green card and ultimately citizenship,
I strongly recommend you contact an immigration attorney
in the USA to obtain legal representation and counsel
for these procedures.
Best
of luck to you!
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