5 Things to Do Before Filing for an E Visa

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E-2 Treaty Investor visas are available to citizens of countries that have treaties of commerce and navigation with the United States.

E investor visas allow foreign investors and entrepreneurs to live and work in the United States. Although the E investor visa does not offer a direct route to citizenship, holders of the visa can hold an E status for an extended period of time. If the business and investment growth, the investment could lead to permanent residence status through the EB-5 investor program.

Investor visas grant foreign investors the chance at the "American Dream" - to start a business and make a go of it by using their skills, their grit, and their determination.

We have compiled a list of 5 Things You Must Do Before Filing for an E Visa to help investors and entrepreneurs who are interested in applying.

How to Prepare for an Investment Visa Application

1. You must be a Member of a Treaty Country

The E visa is available to countries that have an existing treaty with the US that permits and encourages investment and/or trade with the US. Click here for a complete list of Investor Visa Treaty countries that have signed.

2. Decide which Legal Entity is Right for your Business

The legal entity of the business that an investor or entrepreneur will run must be determined - whether it will be a sole proprietorship, corporation, partnership, limited liability partnership, or limited liability company (LLC). Your business will be able to establish its legal entity based on specific criteria depending on its type. Investors and entrepreneurs are usually advised to contact a business attorney to establish their legal entity, and we are happy to provide you with a list of attorneys we know will be able to assist you.

3. Set Up your Business

In order to get a visa, you will need to submit a detailed investor business plan that elaborates what it takes to run a successful business. You will need to present your business plan, establish a business bank account and have a plan for renting or purchasing office space and equipment. You will need to provide financial data about the franchise in previous years, as well as a purchase agreement if you plan to invest in a franchise. If you are from a non-visa waiver country and must travel to the United States for this, you will need a business visitor visa.

4. Demonstrate Substantial Investment

In order to get your business off the ground, you will need to show that you have the resources to do so. Start-up costs for consulting or professional practices may be minimal, but start-up capital is required for businesses requiring office space or equipment. The initial investment should also be traceable using a "paper trail." E visas can be denied if they are based on untraceable cash investments and in some cases, money loans.

5. Get Ready to Go

Those in the early stages of planning their business are not eligible for investment visas. It is an easy visa application with a high success rate for viable investments and start-ups, but USCIS wants to see that you are a serious investor who is ready to begin working immediately upon approval.

The E investment visa application is no different from any other immigration concern. Experienced immigration attorneys can help you at every stage of the E visa process, ensuring that you are doing everything you can to support your application. 

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