E2 Visa Attorney: Navigating Substantial Investment

ILG’s E2 Visa Lawyers have been providing robust legal representation for US immigration to clients worldwide for over 25 years. Every client and case is crucial to us, as we strongly believe in the positive impact of immigration on the United States.

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What is E2 Visa

The E-2 Treaty Investor visa is designated to allow individuals from foreign countries to come to the United States to carry on substantial development and direction of the operation of an enterprise in which the national has invested, or is actively in the process of investing, a substantial amount of capital.

The E-2 Treaty Investor visa may be the key to realizing your entrepreneurial dreams. At its core, the E-2 visa is designed to enable individuals from treaty countries to actively participate in the operation and development of an enterprise in which they’ve made, or are in the process of making a substantial investment. If you’re considering making a substantial investment in an existing business or starting a new venture in the U.S., our team is ready to offer comprehensive representation.

E2 Visa Requirements at a Glance

The following must be met to qualify for an E-2 Treaty Investor visa:

  • The investor must be a national of a treaty country.

  • The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost enterprise must be higher than the percentage of investment in a high-cost enterprise. (The minimum investment amount varies based on the cost of the enterprise.)

  • The investment must be a real operating enterprise. Speculative or idle investment does not qualify.

  • The investment must not be marginal. It must generate significantly more income than needed to provide a living to the investor and family, or it must have a significant economic impact in the United States.

  • The investor must have control of the funds, and the investment must be at risk in the commercial sense. For the purpose of measuring the investment, loans secured with the assets of the investment enterprise are not counted.

  • The investor must be coming to the US to develop and direct the enterprise. If applicants are not the principal investors, they must be employed as a supervisor, executive, or as the possessor of highly specialized skills.

At ILG, business and employment immigration is one of our primary focus areas. Our lawyers have assisted many investors in securing E visas. Our E visa lawyers offer experienced, comprehensive representation in the E visa application process.  Please contact us to learn more about how we can assist you. 

Navigating the E2 Visa Application Process

Initial Consultation

Begin with an in-depth consultation with our E2 visa lawyers. We'll assess your eligibility, discuss your business plans, and outline the steps involved in the application process.

Document Preparation

Our team will assist you in gathering and preparing the necessary documentation, including financial statements, a detailed business plan, and evidence of the substantial amount of investment. Ensuring accuracy and completeness is crucial.

Application Submission

Once the documentation is ready, we'll submit your E-2 visa application to the U.S. Embassy or Consulate abroad. Our attorneys have extensive experience working with immigration authorities, ensuring adherence to all regulations.

Interview Preparation

If required, we'll guide you through the visa interview process, helping you prepare for questions related to your business, investment, and intentions in the U.S.

Follow-Up and Renewal

After visa approval, we provide ongoing support. We assist with any required follow-up documentation, and when the time comes, we guide you through the renewal process to maintain your treaty investor status.

Why ILG and How We Help

Navigating the intricacies of immigration law, especially concerning E2 visas, can be intricate. Here’s why securing the services of an experienced attorney is imperative:

Comprehensive Understanding of Immigration Law

An adept E2 Visa attorney specializes in immigration law, ensuring a thorough grasp of the complex legal nuances involved throughout the application process. This expertise is indispensable in crafting a robust application that satisfies all requirements. As a Washington, D.C.-based Immigration Law firm with over two decades of experience, we possess an in-depth knowledge of immigration laws.

Personalized Immigration Solutions for Your Unique Situation

Each E-2 Investor Visa case is distinct, demanding a tailored approach. An experienced immigration attorney assesses your specific circumstances, whether you’re establishing a new office, transferring employees, or seeking permanent residency. This customized strategy significantly enhances the likelihood of success.

Demonstrated Track Record of Success

Glen Wasserstein, an attorney featured in interviews by NBC, BBC, and Fox News, has a consistent presence on National Television discussing immigration matters. An experienced E-2 Visa attorney with a proven history of success demonstrates the ability to navigate the complexities of the immigration landscape. This track record of accomplishments instills confidence in clients seeking dependable immigration solutions.

Visa Documents

Discover the cornerstone of a successful E2 visa application by knowing the crucial paperwork required to demonstrate eligibility, financial commitment, and compliance:

E2 Visa Documents Needed

• DOS Form DS-160, Nonimmigrant Visa Application
• DOS Form DS-156E, Nonimmigrant Treaty Trader / Investor Application
• Valid Passport: Must be valid for at least six months beyond the intended stay in the U.S., with one blank page. • Passport-Style Photograph: Showing full face against a light background; religious head covering allowed if necessary.
• Business Plan: Outlining the future investment scheme.
• Curriculum Vitae (CV): Providing details of your professional background.
• Evidence of Employment: In a supervisory or executive capacity or possessing highly specialized skills.
• Verification of investment capital: Provide evidence through bank records, financial statements, loans, savings, or promissory notes.
• Evidence of Remittance to the U.S.: Bank drafts, transfers, exchange permits, or receipts.
• Confirmation of U.S. business setup: Substantiate with articles of incorporation, partnership agreement, organizational charts, titles, contracts, receipts, licenses, or leases.
• Evidence of Nationality: Passports, articles of incorporation, or stock exchange listings.
• Proof of Investment in the U.S.: Titles, receipts, contracts, loans, or bank statements.
• Evidence of Substantiality: Financial statements, audits, U.S. corporate or business tax returns.
• Demonstration of Non-Marginality: Provide payroll records, IRS Form 941, personal tax returns, and evidence of additional personal assets and income.
• Confirmation of a Genuine, Operational Enterprise: Include annual reports, catalogs, sales literature, news articles, and other pertinent evidence.

E2 Visa Duration

Visa Duration or Validity

The E2 visa is initially issued for a five-year period, offering substantial time for foreign investors to actively participate in their U.S. enterprises. However, the flexibility of the E2 visa extends beyond the initial period. Investors can obtain extensions for up to two years at a time from the U.S. Citizenship and Immigration Services (USCIS). Importantly, there is no limit to the number of extensions, providing the opportunity for investors to stay in the U.S. indefinitely as long as they continue to meet the visa requirements.

This extended duration allows foreign entrepreneurs to not only establish their businesses but also actively contribute to the growth and success of their enterprises in the United States.

Visa Renewal 

Renewing your E2 visa is a crucial step in maintaining your status as a treaty investor in the United States. The process involves submitting a well-documented application that demonstrates your continued adherence to visa requirements. Here are the key documents required for E2 visa renewal:

• Arrival and Departure Records (I-94): Indicating your travel history in the U.S.
• Original I-797: If you have previously extended your E2 visa.
• Proof of Non-Marginality: Confirming that your enterprise continues to generate substantial income.
• Evidence of Physical Presence in the U.S.: Establishing your ongoing connection to the country.
• Form I-539: For family members (principal E2 visa applicants) seeking an extension or change of nonimmigrant status.
• Form I-129: To request an extension of stay or change of status.
• Letter Explaining Extension: Providing reasons for the extension.
• Form I-907: Request for premium services, if applicable.
• Reach out to a DC immigration law firm to facilitate seamless E2 visa renewals.

Client Reviews

What an amazing team to work with. SO grateful for Jen, Catherine and the whole team, who worked so hard and were so patient with us through this whole process of obtaining our green cards. They are truly experts and can be trusted without a doubt to help you with your immigration needs! Utmost professionals and a pleasure to work with.

Sarah C.

Immigration Law Group has a wonderful team of lawyers. They handled my h1b and permanent residence paperwork in a way that really made me feel comfortable and brought me peace through a very stressful time. they are on top of things and always answered my questions in a timely manner. I highly recommend them if you want to make sure everything goes perfectly.

Kiran M.

Everyone at Immigration Law Group, from the attorneys to support staff, have been nothing but helpful, well-informed, and courteous to me from the start until now. Jen, and Catherine in particular, have been super helpful in explaining complicated procedures and processes in easy to understand ways–yet not dumbing down to the level where they are leaving out important details. I feel confident and knowledgeable with ILG working on my case, and there’s a personal level of communication and trust, which also puts me at ease during a difficult and tricky process. I highly recommend Immigration Law Group–I’m so glad I found them!

Andrew O.

We are very satisfied with the Immigration Law Group and the services they had provided us so far. They have very capable staff that is always on top of our cases and help us navigate them successfully. We have had great success with all cases and their rates are very reasonable. They know Immigration law better than any other law firm we worked with. I would recommend them without hesitation!

Alina T.

E2 Visa FAQs

An E2 visa lawyer specializes in guiding foreign nationals, of the same nationality as their treaty country, through the intricate process of securing investor visas. They ensure compliance with requirements such as substantial trade and generating sufficient income.

While personal bank accounts can be considered, it’s advisable to consult with an immigration attorney to explore the benefits of establishing a business account, especially if you are planning to own a business in the U.S.

Evidence of substantial trade may include documents such as business contracts, sales records, and other materials that showcase a significant economic impact on the commercial enterprise.

Yes, an E2 visa holder is authorized to work for the enterprise they’ve invested in or established, ensuring they actively contribute to the business’s growth and generate sufficient income.

Absolutely. An experienced immigration lawyer can guide you through the legal aspects of purchasing real estate, ensuring compliance with all regulations and contributing to the significant economic impact of your enterprise.