Aventura E-2 Visa Attorney

Foreign investors from countries with which the U.S. maintains a treaty of commerce and navigation may be eligible for an E-2 visa. An E-2 classification allows certain foreign nationals who invest a substantial amount of capital into a business to legally immigrate to the U.S. The process of obtaining an E-2 visa can be difficult and time-consuming, so if you have invested in a U.S based company and are interested in relocating, it is important to contact an experienced Aventura E-2 Visa immigration attorney who can help explain your options.

Eligibility

In order to be eligible for E-2 classification, a treaty investor must meet certain qualifications, including that he or she:

  • Be a national of a country with which the U.S. has a treaty relationship;
  • Have invested a substantial amount of capital in a legitimate U.S. enterprise;
  • Be seeking to enter the country solely to develop and direct the business, which requires a showing that he or she has at least 50 percent ownership of the company or responsibility for operation or management; and
  • Intend to leave the country after business is completed in the U.S.

Employees of a qualifying individual may also be eligible for an E-2 classification.

Employee Qualifications

To qualify for an E-2 visa, a treaty investor’s employee must fulfill certain requirements, including that he or she:

  • Be the same nationality as the principal employer;
  • Meet the legal definition of employee; and
  • Either engage in supervisory or executive duties or have special qualifications.

Capital

Capital includes funds or other assets that are subject to loss if the investment fails. To qualify, the amount of capital invested must be substantial. A substantial amount of capital means that it is:

  • Substantial in relation to the total cost of establishing an enterprise;
  • Sufficient to ensure the investor’s commitment to the company’s successful operation; and
  • Of a magnitude indicating that the investor will attempt to develop the business.

Conditions

Treaty investors and their employees who obtain E-2 visas are allowed an initial stay of up to two years. Extensions may be requested when the two year period expires, although the immigrant must still retain the intention to depart the U.S. when his or her status is terminated. When an investor or qualified employee travels abroad, however, his or her two year period will be automatically renewed upon readmission into the U.S.

A treaty investor is only permitted to work in the occupation for which he or she was approved, although an E-2 employee is not restricted from working for the business’s parent company or subsidiary as long as:

  • The applicant can establish a relationship between the organizations;
  • Employment with a subsidiary requires executive or essential skills; and
  • The terms of employment have not changed.

Any substantive changes to the business, such as a merger or acquisition, must be reported to U.S. Citizenship and Immigration Services (USCIS). The applicant must also provide evidence that the treaty investor or employee still qualifies for an E-2 visa.

Immigration of Family Members

Qualified treaty investors and their employees are permitted to relocate with their spouses and any unmarried children under the age of 21 years old. If approved, family members are usually granted a period of stay equivalent to that of the investor or employee. They must also seek an extension when the period of stay expires.

If you are interested in obtaining an E-2 visa, please contact the Law Offices of Alex T. Barak, at 954-289-6298, to schedule an initial consultation with a Aventura immigration attorney in our Aventura office.