E2 VISA for You and Your Family

What is E2 Visa?

E2 visa is an investor visa based upon treaties of friendship, commerce and navigation or other arrangements between the U.S. and a country of which the investor is a national. E2 visa is not commonly seen as being a doorway to becoming a U.S. citizen. But it is a good way for someone who substantially invests in their company in the United States to obtain a visa and travel and live in the U.S.A. Such an investor can reap substantial benefits from acquiring an E2 visa and coming to this country. Along with being able to bring your spouse and dependent children (under 21 year old) to the U.S. and the fact that your spouse may seek employment, you may travel freely throughout the country and work at the company in which you have invested. If you are applying for E2 visa status within the U.S. the E2 visa is valid for two years, but may be renewed as long as you qualify for the visa. Always visit USCIS website for more information.  U.S. Department of State also has useful information about E2 Visa.

We Are Specialized in Helping Foreign Entrepreneurs to Find Franchises for Their E2 Visa.

WHAT ARE THE ELIGIBILITY CONDITIONS?

E2 visa investor must have invested or be actively in the process of investing

E2 visa investor must show that they have either made a substantial investment or are actively in the process of making such an investment in the enterprise. Where an enterprise is in the process of formation, it must be shown that the funds have committed and are at risk. The funds must be irrevocably committed to the business. A qualifying E2 visa investment must be a real and active commercial or entrepreneurial undertaking, producing some service or commodity. An investment is the treaty investor’s placing of capital, including funds and other assets at risk in the commercial sense with the objective of generating a profit.

E2 visa investor must have a controlling interest in the enterprise.

E2 visa investor must have at least 50 percent of shareholding in the enterprise. An interest of less than 50 percent usually will mean that the E2 visa applicant does not have the requisite control, particularly in smaller enterprises. However, an equal share of the investment in a joint venture or equal partnership of two partners generally does give controlling interest, if the joint venture and partner each retain full management rights and responsibilities. Immigration rules do not provide any limitations on the entity type of invested enterprise. The E2 visa investor can freely choose among the corporate entities allowed in the state where they wish to invest.

The total number of issued E-2 visas jumped from 25,500 in 2010 to 41,162 in 2015!

E2 visa investment amount must be substantial

E2 visa applicant must make a substantial investment to qualify for the E2 investment visa. However, the law does not state a minimum dollar amount. A substantial investment is defined as an amount sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise. Generally, the applicant should be prepared to invest at least $100,000 US dollars in the E2 visa enterprise.

E2 visa enterprise must be more than marginal

The E2 visa applicant must not be investing in a ‘marginal’ enterprise solely for the purpose of earning a living. This vague standard can be met by showing that the investment will return more than just enough income to provide living for the treaty investor and their family. As such, if the E2 visa alien’s invested business will only generate a few thousand dollars of income, the business will have difficulty qualifying for an E2 visa application. The enterprise must make a significant economic contribution.

ALL OUR DREAMS CAN COME TRUE, IF WE HAVE COURAGE TO PURSUE THEM.

WALT DISNEY

Your Business Options to Apply for E2 Visa

Buying An Existing Business

You can apply for E2 visa through buying an existing and already operational business. This might be an standalone pizza cafeteria or a franchise business. So you inherit a customer base and current financial situation of the business. In this case, you need to do proper due diligence to make sure the business size satisfies requirements of E2 Visa.

While the E2 Visa  law does not specify a minimum business size to qualify for the E2 investor visa, it requires that the investor must not invest in a marginal enterprise solely for the purpose of earning a living. Your E2 visa might be rejected, if the investment, even if substantial, will return only enough income to provide a living for the you and your family.

Determine if the Business is Marginal!

To determine whether a business is considered marginal, first, look to the income from the investment. If the income derived from the business exceeds what is necessary to support you and your dependents in the area, then the business is sufficiently large. If the business is marginal, then you need to either show the business economic impact or show in the business plan how your investment will turn the business around.

Open a New Standalone Business

Many people have their own business ideas or want to pursue the same business they have in their own country when they arrive in the U.S. So you might think of applying for E2 visa based on starting your own independent business in the U.S.. In that case you will need to prepare a detailed business plan that shows how you are going to invest in the Business. Again your business plan must show how the business will generate more than enough income to cover yours and your dependents living expenses. In such a case you will need to show that you are making a substantial investment to qualify for the E2 investor visa.

Determine if the Investment is Substantial!

Generally speaking, many immigration attorneys suggest the applicant should be prepared to invest invest in a business that requires at least $100,000 to have a good E2 visa case. But the actual amount required will depend on the type of business the investor chooses.  Investments less than $100,000 may potentially qualify for some low cost start-up businesses.

A substantial investment is defined as an amount sufficient to open and ensure successful operation of the enterprise when compared with the total amount of investment in a similar business which is existing and successful.

Open A New "Franchise" Business

Many people understand the uncertainties and risks associated with opening a new business in a new country and specifically United States and prefer to minimize their risks of losing their investment by taking a more reliable route. Franchises are recognized as “already established business models” which most of the time has been “successfully tested” by the franchisor or through other franchisees in the U.S.. Franchises can provide variety of supports to you as an E2 visa applicant including in finding the location, operation manuals, training and ongoing supports or in some cases a turnkey solution. In addition, being part of a franchise is like being part of a family where you will be supported by the franchisor and also will give you access to other franchisees for asking your questions or getting help when needed.

Those applicants pursue opening a new franchise business for their E2 Visa by preparing a business plan that shows details about the new franchise business. Normally, franchise businesses are easier to understand for the purpose of E2 visa and can be helpful in proving that the investment is substantial.

Franchise Business for your E2 Visa

Franchises are very suitable for E2 Visa and enjoy a number of advantages when compared to standalone businesses. According to a top E2 visa attorney, one main concern of immigration officers in deciding an E2 Visa case is measuring the likelihood of success for the applicant’s business. This concern is generally addressed more favorably by franchise businesses because they are successful business models with highly developed, tried and true systems.

Buying a franchise business allows E2 Visa applicants to present prepared operating manuals, marketing materials and other information more professionally in their E2 Visa applications.

I don’t have business experience!

E2 visa requires you to demonstrate the necessary ability, experience and skills to successfully operate your business in the U.S. Although there is no specific education or experience requirement, you will need to prove competency and readiness to direct and make your E2 visa business successful through a combination of education, experience, training, etc.

The optimal solution for an individual who is new to the business field is to invest in a franchise business. According to several E2 visa attorneys, most U.S. immigration officers view franchise training and ongoing support to be highly relevant and valuable preparation, and often become satisfied with your readiness to operate a business toward success, even if you have little to no business experience and background, if you buy a franchise business for you investor visa.

What Franchises are suitable for E2 Visa?

While many people think of subway or McDonalds for their visa, it is worth noting that many big franchises do not work with E2 visa applicants. while some good food franchises  are available to E2 visa applicants, they are not the only ones that you can use for your E2 visa. Many other retail, hair salon, massage, cleaning, senior care, etc. franchises are available and can accept you as their franchisees after reviewing your qualifications.

E2 VISA INVESTMENT PROCESS?

Find Your Business

For getting your E2 visa, the most important thing is finding a business that fullfils the E2 visa category requirements. In addition to investing certain amount of money you need to create jobs. Franchises are also qualified for E2 visa as long as they satisfy the requirements of E2 visa i.e. investment amount and economic impact e.g though job creation.

Connect with the Franchisor

As soon as we help you find your choice of franchise business, we put you in direct contact with the franchisor. The sooner you start your relation with the franchisor the better you will become familiar with the business and the process. However, we will remain with you through the whole process and coach you until you finalized your deal with the franchisor. You won’t be left alone during the process.

Contact an Attorney

The process of preparing and submitting the  documentations is kind of tricky for E2 Visa. You might need an attorney to help you understand legal aspects of your business. We are working with experienced group of attorneys and we can introduce them to help you while working together for finding the business that fits you and your visa requirements.

Prepare a Business Plan

As part of preparing required documentation, you will need to prepare a business plan. E2 Visa business plan shows how much money you are going to invest, what your goals are, the reasons they are believed attainable and your plan for achieving those goals.

Transfer Your Fund

Upon finalizing negotiations with the franchisor, you will need to transfer your fund to the United States. Your need to pay the franchise fee in case you are buying a new unit or , if agreed by seller, your money will be secured in a screw account until your E2 visa application gets approval. You need to spend money from your personal or company account to establish the business in the U.S. to the requirements of E2 visa.

Apply for E2 Visa

Upon finalizing your contract with franchisor and transferring your fund, you will be able to apply for the E2 visa through one of the embassies of the United States. Your attorney will help you in that step to make sure everything will be submitted in order. If you are already in the U.S. you can apply for change of your status.

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