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EB-2 NIW: Unlocking Your American Dream!
January 13, 2025![](https://www.laiturnerlaw.com/wp-content/uploads/2025/01/unsplash-image-_g1WdcKcV3w-150x150.jpg)
How to avoid E-2 visa denials?
January 13, 2025The E2 visa is a nonimmigrant visa category that allows foreign entrepreneurs and investors to enter the United States and work in a business they own or invest in. The E2 visa provides a unique opportunity for individuals to establish or grow a business in the United States, and it has several advantages over other visa categories.
Eligibility Requirements
The E2 visa has strict eligibility requirements that must be met to be considered for approval. To qualify for an E2 visa, you must meet the following criteria:
- Nationality: You must be a national of a country that has a treaty of commerce and navigation with the United States.
- Investment: You must make a substantial investment in a bona fide enterprise in the United States. The investment must be enough to ensure the success of the enterprise and create jobs for U.S. workers.
- Control: You must have control over the funds and be able to direct the investment into the enterprise. You must also be able to demonstrate that the investment was made with the intention of generating a profit.
- Enterprise: The enterprise must be a real and operating commercial enterprise and must not be marginal. It must also provide more than just minimal living expenses for you and your family.
- Intent to Depart: You must have the intention to depart the United States when your E2 visa status expires.
Process of Obtaining an E2 Visa
The process of obtaining an E2 visa involves several steps, including:
- Formulating a Business Plan: You must have a clear business plan that outlines your investment and the potential success of the enterprise.
- Finding an Appropriate Enterprise: You must find an appropriate enterprise that meets the eligibility requirements for an E2 visa. Or start your own enterprise.
- Making the Investment: You must make the required investment into the enterprise and demonstrate that the funds are under your control.
- Filing the E2 Visa Application: You must file the E2 visa application and provide all required documentation to the U.S. Citizenship and Immigration Services (USCIS).
- Scheduling an Interview: You may be required to attend an interview at the U.S. consulate in your home country.
- Receiving Approval: Once the Consular Office approves your E2 visa application, you may enter the United States and begin working in the enterprise.
Advantages of the E2 Visa
- No Green Card Requirement: Unlike other visa categories, the E2 visa does not require the applicant to have a green card.
- Flexibility: The E2 visa allows for unlimited renewals as long as the enterprise continues to operate and the treaty investor remains in a supervisory or executive capacity.
- Dependent Visas: The spouse and children of the treaty investor may also receive E2 dependent visas and attend school or work in the United States.
- Portability: The E2 visa allows the treaty investor to change employers or start a new business while in the United States.
- Path to Permanent Residency: Although the E2 visa is a nonimmigrant visa, it may provide a path to permanent residency for the treaty investor and their family.
Conclusion
The E2 visa provides a unique opportunity for foreign entrepreneurs and investors to establish or grow a business in the United States. If you meet the eligibility requirements and follow the proper steps, the E2 visa can provide a flexible and profitable solution for your business ventures. However, the process of obtaining an E2 visa can be complex and time-consuming.
Ready to take the next step towards securing an E2 visa for your business ventures? Our experienced immigration law firm is here to help you every step of the way. From formulating a business plan to filing the E2 visa application, our team of experts will ensure that your application is handled efficiently and effectively.
Don’t let complex immigration laws hold you back from reaching your business goals. Contact Lai & Turner Law Firm today to schedule a consultation and learn more about how we can help you secure your E2 visa. Our team is dedicated to helping you achieve your dreams.
Call us now at 405-326-4530 or fill out our online contact form to get started. Let us help you navigate the E2 visa process and achieve your entrepreneurial aspirations.