immigration usa e2 visa - what to have to be sure to renew

With an extensive groundwork in corporate, business, and immigration constabulary, ane of my passions is to represent foreign investors and entrepreneurs who are brilliant in business, sophisticated professionals, and hardworking and challenging individuals willing to inject their fiscal and labor efforts into the U.Southward. economic system. Their success depends on several factors, but it all begins with selecting the right visa and the immigration attorney with the experience and sophistication necessary to facilitate the most favorable immigration outcomes available to strange investors and entrepreneurs. East-2 investors allocate capital letter, embrace ambiguity, and are challenged on regular basis. Working with an attorney who understand both aspects of business and immigration law will facilitate the most favorable immigration outcomes. Planning is the fundamental to success.

The E-ii visa

The E2 visa allows a foreign person who is a national of a treaty country to invest in the U.Due south. by purchasing an existing business or starting a new business. This visa as well allows a U.S. based business to bring strange executives or managers to the U.South. Whether the East-2 visa applicant is an employee of the treaty-country or the actual investor, in both cases the applicant must be of the same nationality of the U.Southward. visitor. The E-2 strange employee tin can be a manager/supervisor or a worker with special skills making him or her essential to the business.

Reasons Why the E-2 Visa Is an Bonny Visa Option

The Due east-two visa is an attractive option for several reasons. Unlike other employment-based visas like H-1B, L- 1A, L-1B, the E-2 visa does not require a job offer or a sponsoring employer. This visa can be obtained with smaller investment and without a significant job creation requirement like the EB-v visa. It can exist processed quickly at the U.S. Consulate of the state where the foreign national resides, information technology permits self-employment, and has no limit of the maximum number of extensions. Although this is a non-immigrant visa,in that location are ways to converting an E-2 visa into a green card.

The Eastward-2 Visa Requirements

a. There Must Be a Treaty of Commerce Betwixt the U.Due south. and the Country of the Foreign National's Nationality.

This is the basic and master requirement for this visa. In that location must be a treaty of commerce and navigation betwixt the U.s. and the country of the strange' s national nationality. Qualifying treaties may include treaties of Friendship, Commerce and Navigation and Bilateral Investment Treaties. INA 101(a)(15)(E). 9 FAM 402.ix-4(A)

b. The Treaty Investor, Whether an Individual or an Entity, Must Be a National of the Treaty Country.

The treaty investor, either an individual or an entity (corporation, express liability company or other business organizations), must hold the nationality of a treaty country. This is certainly straight forwards when the investor or employee is an individual. But if the treaty investor is a business or an employing entity, then the nationality is determined by the nationality of the individual owners of the business. The police force requires that the buying must be traced to the nationality of the individuals who are ultimately the owners.

In this regard, at least l percent of the business organization must be owned past nationals of the treaty country. However, when shares of the business organisation entity are owned by U.S. permanent residents of U.S. citizens (when dual citizenship is allowed), they cannot be considered in determining majority ownership by nationals of the treaty country.

For larger companies and corporations with circuitous corporate structures, whose stock is exchanged in one country or in more than one state, then the Due east-2 bidder must satisfy by the all-time prove available, that the concern meets this requirement.

c. The Investment Must Be Existent.

The E-2 treaty investor must have already invested or is actively in the process of investing majuscule for the U.S. enterprise. Funds and other assets must be at risk in the commercial sense with the objective of generating a profit. Additionally, the investor must posses and control the funds and must irrevocably commit the capital to the E-ii enterprise.

The U.Southward. Department of Country ("DOS") actively scrutinizes this requirement. Extensive and disarming prove must be provided at the time of the application to satisfy this requirement. The intention is "to weed out risky undertakings and to ensure that the investor is unquestionably committed to the success of the business organization."

The type of evidence required by DOS and USCIS is extensive and tin can be found on the U.S. Embassies and Consulates in the corresponding treaty countries.

d. The Investment Must Exist Substantial.

Ane of the most mutual questions my clients ask is:how much should I invest? There is no set minimum or maximum amount. DOS has stated that the purpose of this requirement is to ensure that thebusiness concern is non speculative simply is or soon will exist successful. When considering this requirement, the consular (or USCIS) officeholder must view the proportionate amount of funds invested, in light of the nature of the business and the projected success of the concern. This ways that the lower is the investment, the higher the investment must be to be considered substantial.

The adjudicator volition counterbalance the nature of the business organization confronting the amount of investment fabricated. Of course, the spectrum of the investment is vast. On i side of the spectrum are the small-scale investments that authorize for an Due east-2 visa such every bit the acquisition of an on-going business (franchise, restaurant, supermarket, convenience store) or a consulting house or to first a brand new business venture. In the reverse farthermost, a substantial investment would be, for instance, the purchasing a manufacturing business, that hands cost many millions of dollars.

The proportionality of the investment means that the amount of the investment must be sufficient to demonstrate the investor'south commitment to the enterprise by: 1) Purchasing a proportionate amount of an existing business concern or investing funds to create a newly enterprise. two) Ensuring the success of the operations. 3) Funds must be sufficient to support the likelihood that the treaty investor will successfully develop and direct the enterprise.

It is highly recommended to discuss this and other requirements with an experienced attorney in connection with the investor's goals.

east. The investment may not exist marginal.

This is a common result for small investments and a common issue why an E-2 visa or a visa renewal is denied. The investment that does not take the chapters to generate income more than enough to provide minimal living for the treaty investor and his or her family and does non have the nowadays of hereafter chapters to brand a significant economical contribution is marginal.

In other words, if the investment volition create job opportunities or will have a significant positive economic impact, the chances of visa approval will increment. The projected economic capacity of the enterprise should exist realizable within five years from the date the investor commences operations. A well drafted business plan with credible financial projections and /or adept opinions from business organisation consultants will support this requirement.

f. The Investor Must Be Coming to the U.S. to Develop and Direct the Enterprise.

The bidder investor must bear witness that he or she will come up to the U.S. to develop and directly the investment. This means that the applicant will have control over the investment based on his/her ownership of at least l pct of the Due east-2 investment and the investor volition accept operational command through managerial or executive position, by exercising discretionary authorisation at a senior-level position.

g. If the Applicant is an Employee of the Treaty Investor, He or She Must Be Employed in a Supervisory, Executive, or Highly Specialized Capacity.

The E-ii treaty employer who is bringing an employee to the U.S., must demonstrate that the E-2 visa applicant duties must be primarily and principally executive or supervisory in nature. To evaluate whether the activities are executive or managerial, the adjudicator will consider:1) bidder'south previous experience or skills as executive or manager;two) whether the salary and position commensurate with executive or supervisory employment;three) that the position is executive or managerial in the overall organization structure;4) the discretionary authorisation to brand senior-level decisions.

This may be a challenging requirement for small, family-owned businesses, where the investor will engage in hands-on routine work. Planning for the success of your visa and visa renewal is essential. It is appropriate to discuss your case with an experienced attorney with aplenty time.

How do Yous Renew Your E-2 visa? Planning for Success

Many clients enquire me, when is the time to call up virtually a visa renewal? The answer iswhen your visa is issued. The initial E-2 visa validity depends on your country of origin. It is usually issued for a valid menstruum of five years with a two-year extension as long as you lot maintain the necessary qualifications. In certain cases, when the adjudicator may have concerns almost the future success of the business, the E-2 visa may be issued for a shorter period.

In my experience, Due east-2 visa holders whose visas are most to expire, encounter a number of issues at the fourth dimension of visa renewal, when they failed to program in accelerate. By and large speaking, to renew your E-2 visa, you must demonstrate that you lot continue to satisfy all the visa requirements. It is, basically, a new application and a new adjudication.

Visa Renewal
Planning the visa renewal in accelerate is thekey for a visa success. As presently as you start doing business concern, you should besides plan for the renewal. Most small investors are focused on the business success and forget almost visa requirements. Working with an experienced clearing attorney will save you time, coin, and problems.

These Are Of import Preliminary Considerations

1. Speak with an chaser: My clients have a college rate of success when I piece of work closely with them ahead of time and plan carefully how to meet each of the visa requirements. We implement a timeline and establish deadlines and review financials periodically to assess the situation of the business in accelerate and make whatever necessary adjustments. If you delay the renewal process and cannot come across the requirements for the visa renewal or your business is not salvageable, an experienced chaser can help you to try a new business and a new E-2 visa.
2. Piece of work on your financials: This requires that as soon as y'all start doing business, y'all need to piece of work paw-in-hand with a bookkeeper and CPA to prepare all the necessary financial documents: remainder sheet, profit and loss statements, file the business tax returns and payroll taxes.
3. Hire employees: The sooner yous can start hiring employees the easier will exist to bear witness that the business organisation is not marginal.
   

Visa Renewal Issues

At the time of the E-2 visa renewal, the focus of the adjudicator will existthe performance of the business during the initial validity period. For the initial visa application, you relied on projections. For visa renewal, you must present actual documents and must show that all requirements are met. One of the most mutual issues of visa renewal is to show that the business organisation is not marginal. You must show that the concern has generated sufficient income, created job opportunities, and the actual performance of the business has been promising for the terminal few years. If the company's revenues are minimal and does not have employees or peradventure you waited until last minute to hire employees, this may possess a challenge when applying for East-two visa renewal.

Visa Renewal and Extension Process

You lot can renew your E-2 visa in the U.South. by submitting an application to extend your condition with USCIS. However, most Due east-2 visa holders apply for extensions at the U.Due south. Consulate away.

Visa Extension:

If you do non want to go out the The states, then you lot accept the option to file an application to Extend your condition with USCIS and yous tin can be granted an additional two years in E-2 status. All E-2 visa extension application with USCIS requires that you file:

• Grade I-129 – petition for nonimmigrant worker.
• Course I-539 -application to extend or change nonimmigrant status for family members of the chief Eastward-2 Visa Applicant.
• Your I-94 – arrival and departure record.
• Your original I-797 – only if your E-2 visa has been extended in the past.
• Proof that you have maintained your nonimmigrant status
• Proof that yous are physically present in the U.South.
• Copy of your passport including your Due east-2 Visa.
• Letter explaining in item why an extension is required with supporting evidence.
• Re-create of business tax returns for the by ii years and other financial and payroll documents.

Visa Renewal:

Most applicants renew their East-2 visa at the United states of america consulate abroad. The East-2 visa renewal process requires that yous:

• Submit form DS-160 with the Section of State.
• Pay the DS-160 fee.
• Complete the DS-156E and organize supporting documents.
• Present documents showing that you still encounter all the requirements of the Due east-2 visa. Each consulate has specific requirements for visa submission and procedures. You lot may want to check with the consulate where yous volition be applying for specific instructions.
• You will exist called to attend an interview at the consulate.
  

How Many Times Can You Renew the E-two Visa?

Every bit long as y'all tin meet all the elements of the Eastward-2 visa, in that location is no limit to the number of times an E-2 visa can be renewed. You can either use for a visa extension or a visa renewal.

What Happens if Your E-ii Visa Is Well-nigh to Elapse and Yous Cannot Travel Abroad Due to COVID 19 and Current Travel Bans?

I explain in particular regarding the travel bans hither. If y'all are an East-2 visa holder and your visa is about to expire, you take some options to consider:

• I-94: You should check the expiration appointment of your I-94. This ways that you can stay and work in the U.South. until the expiration of the I-94, even if your visa has already expired. Each time y'all return to the U.S. from a travel abroad, you must have a valid E-2 visa. Afterward you enter, a new I-94 will be issued for 2 years of authorized stay under the E-ii status. For example, if your E-2 visa expired on Apr 30, 2020 just your I-94 expires on May ten, 2022, you can stay in the United states until that date.
• Third Country Consulate: You lot may use for Eastward-2 visa extension at a different U.South. consulate, other than the US Consulate in your abode country. Consult with an attorney or call the U.S. Consulate where you are intending to apply to brand sure they volition have your application.
• Extension of Status: If you are unable to travel abroad for a visa renewal and your visa is about to expire, y'all tin can employ for an extension of condition with USCIS as explained above.
  

Conclusion

The E-2 visa can be renewed and there is no limit to the number of times it can be renewed. Planning for renewal is key for success. To demonstrate that y'all meet the visa requirements you need to start planning and strategizing the renewal procedure and requirements. Working with an experienced immigration attorney will assistance you to position your company for success.

Silvina Tondini, Esq.
Silvina Tondini is a bilingual, skilled, international advocate and a national speaker on Immigration Law with years of diversified experience providing counsel and directing individuals and business clients on business concern and immigration police matters.

Attorney Silvina Tondini can be reached at(760) 579-7389or by email atinfo@tondinilaw.com

Disclaimer: This web log is for informational purposes simply. If y'all accept whatever questions, please contact our office.

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Source: https://tondinilaw.com/e-2-visa-renewal-understanding-the-process-and-planning-for-success/

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