The E-2 visa application -Sahnobar.Com / Thu, 13 Jun 2019 05:02:25 +0000 en-US hourly 1 Frequently Asked Questions About the E-2 Visa /frequently-asked-questions-about-the-e-2-visa/ /frequently-asked-questions-about-the-e-2-visa/#respond Thu, 13 Jun 2019 05:02:25 +0000 Minimum investment, qualification required, cost and chances of success

These are the questions, and therefore the answers, the most frequently asked by those who wish to learn more about US visas, the famous E-2 visa, used by many French people who want to move to the United States.

Am I qualified to apply for an E-2 visa?

An investor, whether an individual or a company, must have the nationality of a country signatory of the US trade treaty. If you are a citizen of one of these 70 signatory countries, you can apply for an E-2 visa. See the list of countries on the US Embassy website in your country.

Is there a minimum amount of investment required?

No, there is no minimum amount required but the investment is one of the key parameters for the success of your VISA E-2 application. According to the USCIS Department, the investment must correspond to the following characteristics:

Substantial: this means that the investment must be consistent with the type of company and guarantee its development, its exercises and its success.

Not marginal: this means that the investor must own and control at least 51% of the business.

At risk: this means that the investment must already be made before depositing the VISA E-2 application (the money must be invested in the company).

Personnel: This means that the source of the funds used for the investment must come from the investor, not the result of a loan or financing from a third party.

In general, the larger the investment, the greater the credibility of the application.

Is investment the only factor for Visa approval?

Investment is only one of the most important factors that the Embassy will take into account when analyzing a Visa E-2 application. Other factors are:

Profitability: means the ability of the business to produce a profit for the subsistence investor. 
Contribution to the US economy: the company must not only be profitable but also contribute to the US economy, especially through the creation of new job opportunities.

To sum up, your project must generate enough income to support yourself and your family, and create local jobs (American citizens). For a new start-up company, you have to demonstrate, thanks to well-documented financial projections, the stability of the business plan for the next five years.

Do I have to find the company before submitting my Visa Application Package?

As mentioned above, the investment must be at risk, it means that it must already be realized. Therefore, you must certify that the company is already configured. Your request will be based on the specific activity in which you invest. If you are buying an existing business, this must be identified before an E-2 visa application is made and a signed purchase contract must be attached to the file.

What happens if my Visa is refused?

To protect your investment, it is essential that you include a suspensive clause in the purchase agreement stating that the finalization of the purchase is subject to obtaining the Visa E-2

How can I apply for an E-2 visa?

Visa application must be submitted to the US Embassy in your country of residence. Specific documents and forms must comply with the Visa E2 application. Once the application is submitted, an interview will be scheduled and your file will be analyzed. It usually takes 4 weeks to 3 months depending on the Embassy. On the day of your interview, the US Embassy Agent will inform you of the decision on whether or not your visa will be issued and how long it will take.

What are the chances of success?

Your Visa depends on the careful selection of the company, a very good business plan and meticulous preparation of your application.

How much could it cost?

The cost may vary depending on the immigration lawyer/consultant and services included or not. Make sure you have clarity on what is included in the price when you request a quote, then compare prices and services. Visit our website to discover our packages and our very competitive prices.

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Visa E2: Lawyer or no lawyer? /visa-e2-lawyer-or-no-lawyer/ /visa-e2-lawyer-or-no-lawyer/#respond Tue, 11 Jun 2019 04:52:39 +0000 Do I have to go through a lawyer to obtain an E2 visa?

I am asked this question regularly.

If one answers this question “literally”, the answer is no: the lawyer is not required to obtain an E2 visa. By cons, my personal answer to this question is: ” It is not mandatory, it is essential! “

In fact, an immigration lawyer, ideally certified in immigration in his state, will not only help you and save you time, because he usually presents this type of request, but he goes in addition to you to represent with immigration if there was any problem. Being accompanied in your project by a serious professional greatly increases your chances of success in obtaining the E2 visa. The lawyer also enjoys the secret of exchanges with his clients. What you tell him he can not be forced to repeat in the context of a possible investigation. When I interact with my clients, for example, I do not want to know the origin of their funds. I tell them to mention this point only with their lawyer, because I do not want to be informed of something illegal, for example. I am not a lawyer!

Many times I have been told by clients that I do not want to take a lawyer and that I will help them to present their case. I cannot! I do not have the right. As a business broker and real estate broker, I am here to help them buy a business, a house, I have all the licenses and insurance for that. I introduce them to all the professionals with whom I have built relationships of mutual trust: accountant, insurer, general contractor, property manager … I am also responsible for writing their business plan for the immigration file. But I can not give legal advice, it would be ” unauthorized practice of law “.

Similarly, when we negotiate a lease, I help you get the best deal and understand your contract. If we have to add a clause or negotiate a specific legal point, we will go through a business lawyer.

You can perfectly decide to present your file alone without the help of a lawyer, but on my side, I would send you to a colleague. I do not wish to intervene in cases where there is no lawyer in involved immigration. This would result in:

– I could not answer your visa questions, protect myself and not put my licenses into play

– I would be uncomfortable with sellers’ brokers because their first question when they know the buyer is a visa applicant is “who is their immigration lawyer?” Is it good, is it fast ?? “.

I also do not intervene when the client is accompanied by an “immigration consultant” because, under the law in Florida, this does not exist. This activity is not legal in our state. As mentioned above, in Florida, only lawyers are qualified to give immigration advice. This status exists in some states, but their activity is very framed, they must be limited to helping people fill out the forms, to translate them for example, in no case to give advice and tariffs are regulated: ” These individuals are not lawyers, may not give legal advice or provide legal services, and do not necessarily have any special immigration training. Description of the position of Immigration Consultant in California for example.

In addition, not being lawyers, they can not represent you and the secrecy of the customer-lawyer exchanges does not apply either. For my part, the client with a lawyer is more likely to have his E2 visa and I have more chance to see the transaction succeed: a refusal, a delay would put everyone in an uncomfortable situation. You do not give your health to someone who has not studied medicine, who do not have the diplomas, but who says he is “as competent as a doctor”? So go through an immigration lawyer, a real one.

I have seen cases where the lawyer raised very specific, very technical points that went beyond the initial request, points that would condition the renewal in 5 years. In this case, clearly, only a lawyer with diplomas and experience could raise these points.

In any case, run away from someone who would tell you that you should not take a lawyer because they are incompetent or too expensive (usually the next one on the list is the broker who is a “thief” and wants to sell very expensive to increase his commission). In addition, for the rates that I could see, the economy is not obvious …

Which lawyer should I take? Of course, I do not have the right to tax someone. I give several names and I encourage you to meet several, you must get along well with this person. It’s no mystery, I often work with a particular lawyer in Orlando because she’s serious, competent, and over time we’ve really learned to work together. But it is definitely you who make your choice and I will work in the same way, whatever the lawyer you have chosen to help you in your quest for the E2 visa.

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