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E-2 Visa General Requirements.
In order to receive an E-2 classification, a national of a treaty country must have invested or be in the process of investing a substantial amount of capital into an enterprise in the United States. A national of a treaty country must be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
Investment Must Be At Risk.
The invested capital is placing the funds and/or other assets at risk in commercial sense and with the objective of making a profit. The capital must be subject to partial or total loss in the event the investment fails. The invested capital may not have been obtained directly or indirectly through a criminal activity.
The Investment Must Be Substantial.
The Department of State uses relative/proportionality test to determine whether the investment is substantial. The lower the cost of the enterprise, the higher, proportionally, the investment must be to be considered substantial.
The Enterprise May Not Be Marginal.
The enterprise is marginal if it does not have the present or future capacity to generate more than minimal living for investor and family. Investment cannot be solely to earn living for the investor and his family.
Employees and Family.
Certain employees are allowed to join the E-2 holder if they have the same nationality as the treaty employer and must be either an executive, supervisor, or nonsupervisory person with special qualification who is an essential employee.
Spouse and children accompanying or following to join the E-2 holder are allowed even if their nationality is different. The E-2 holder spouse is eligible for Employment Authorization. Children are not eligible for employment authorization, however, may attend school without changing status.
Length of Stay.
Admission is for 2 years. If the E-2 holder does not leave the U.S. during that time, he must file for extension before the I-94 expires.
Schedule your consultation now to receive a complete list of documents for the E-2 classification.
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