What Is The Process Of Applying For The E-2 Investor Visa?
What Should Someone Do If They Want To Apply For The E-2 Visa?
The first step would be making sure that you qualify, that you’re national of a treaty country. The second step will be discussing the amount of funds you have to invest; the source of the funds and the ability to document the source of those funds, and also the documentation. If you’re buying an existing business, you’ll also go over the contractual aspect of your working to have a contract to buy a business. The immigration will require the funds to be at risk before they can grant the visa but if the visa doesn’t get approved and the person is abroad without a visa, then they don’t want to lose all of their investment.
For a lot of people that are processing funds abroad, it’s important to work with their contract’s attorney. This will make sure that the purchase agreement and the business is structured in such a way where basically the funds are fully committed, and the only remaining trigger for the funds to be invested is the issuance of the visa. An attorney will generally review the financial documentation, the contractual agreements and funds. He will also help draft the business plan or refer a client to someone who can help draft a business plan. He will then go through the steps of the application, go through their personal information that is needed and give the client an idea of the timeframe. There are actually several options to apply: One is expedited, paying an additional fee to immigration, and there is also standard processing.
Would Real Estate Be Something That Would Qualify Someone For An E-2 Visa?
That would be extremely difficult because a real estate investment is an example of a passive investment. You might be able to structure it in such a way where you have some type of real estate investment trust that you’re managing, or an investment that involves more active ownership and management of an investment based real estate venture. However, just buying a house worth a million dollars or just renting it out to someone, that wouldn’t qualify. That would not be a good candidate for a business for an investor visa.
Can Your Family Either Work Off Or Study Off Of Your E-2 Visa?
Yes, they can. That’s a benefit of derivative beneficiaries. Spouses and children can apply for an EAD, an Employment Authorization Document, which is a work permit. The work permit entitles them to have a social security number and be employment authorized to work anywhere they want. The same thing goes with studying; they can enroll in any school program they want.
Do They Have Any Additional Restrictions Or Limitations Being That They Would Be Working Or Staying Off Of Your E-2 Visa?
No, there are no limitations. Obviously if something happens to the family relationship where there is a divorce or something, then obviously that terminates their status because they are dependent on the principal investor. The legal familiar relationship with the principal investor gives them status.
What Are Some Things That Could Potentially Derail Or Terminate An E-2 Visa?
A bankruptcy or the company going out of business could derail or terminate an E-2 visa. Additionally if you are in a familiar relationship, a divorce or even death of the principal applicant, those are all things that would lead to loss of the visa. Then there are also criminal issues where if you commit a crime and you’re put in deportation proceedings, that would be an issue as well.
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