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E-2 Visa Lawyer in Chicago

Helping Foreign Investors Obtain the American Dream

E-2 nonimmigrant visas are granted to foreign investors from treaty countries with whom the U.S. has a qualifying international commerce agreement. A treaty investor must also fund a “substantial investment” of capital into a new or existing business that meets specific eligibility requirements.

An E2 treaty investor visa appeals to foreign nationals who can provide a qualifying investment. However, the immigration process associated with obtaining an E2 visa can be overly complex and requires the help of an experienced attorney.

SwagatUSA LLC is an immigration law firm that has a proven record of being able to assist eligible treaty investors with E-2 visas.

Contact our Chicago law office and ask to schedule an initial consultation to discuss your legal needs.

Our skilled immigration attorneys will happily sit down with you to explain investor visa requirements and how we can help.

What Eligibility Requirements for Obtaining an E2 Investor Visa?

There are several eligibility requirements that treaty investors must meet to be able to secure an E2 visa.

Some of the essential requirements needed to secure an E-2 treaty investor visa include:

  • The applicant must be a citizen from a qualifying treaty country.
  • The applicant must have the economic means to invest substantial capital in a U.S. business enterprise.
  • The business must be a bona fide enterprise capable of generating enough revenue to have a significant economic impact in the U.S.
  • The applicant must have operational control and ownership of at least 50% of the business and actively oversee day-to-day operations. If the treaty investor is not the principal investor, they must be employed in either an executive or managerial position or a highly specialized capacity.
  • The applicant must generate enough income to support the treaty investor and their family members.

It should also be stated that purchasing or investing in an inactive business or idle investments does not qualify individuals for E-2 visas. Additionally, the applicant must prove that the funds being used stem from a legitimate source and not from illegal activity.

What is Considered a Substantial Investment for an E-2 Visa?

A common misconception about E-2 visas is that a minimum investment amount is required. However, unlike other visa categories, an E-2 visa does not require a minimum investment.

Instead, a substantial investment is subjected to a “proportionality” test to determine if the capital invested is adequate to support the proposed business enterprise.

Additionally, U.S. immigration law requires a sufficient financial investment to demonstrate that the applicant is dedicated to operating a business in the U.S.

Finally, even though a minimum dollar amount is required, the investment should also establish the applicant’s willingness to contribute to the growth of a new or existing business.

Money used for E-2 investment purposes must be held in a business account where the funds are considered “at-risk” rather than personal bank accounts.

Due to the complexities of E2 visa finance laws, it is always wise to seek help from a knowledgeable immigration lawyer who can explain the rules in more in-depth.

Contact SwagatUSA LLC to learn more about how a substantial investment is determined and how we can assist you with obtaining an E2 nonimmigrant visa.

Are There Any E-2 Visa Limitations?

The E-2 visa holds significant advantages for treaty investors, such as their spouses having a dependent visa that allows them to apply for work authorization, and unmarried children under the age of 21 can attend the school of their choice in the U.S.

However, anyone who is considering applying for an E-2 visa should know certain limitations also apply, which include:

  • The E-2 treaty investor visa does not allow individuals to petition for permanent residency.
  • If the business fails, individuals must file other visa applications to try to remain in the country, even if it is within the allotted two-year time limit.
  • If the business runs into financial trouble and struggles to be successful, the E-2 visa is typically not renewed.
  • Foreign nationals may only work for the business they are investing in.
  • Unmarried children who reach the age of 21 and who hold a dependent visa must apply for a different type of visa to be legally allowed to remain in the U.S.

Because of the constant changes that seem to be occurring with regard to immigration laws. It is always best to consult with a lawyer so that you can make informed legal decisions.

If you need further clarification regarding the advantages and limitations associated with an E-2 investor visa, contact our Chicago, IL, law office and ask to schedule a consultation.

Why Should I Trust Your Immigration Lawyers to Help Me Secure an E-2 Visa?

SwagatUSA LLC is a law firm whose main objective is to assist clients with their immigration needs. Our immigration lawyers have the knowledge and experience to help individuals with the following needs:

  • Assistance with E-2 visa applications.
  • Explain the immigration process and what you must prove to the immigration officer reviewing your case.
  • Review the purpose of the investment enterprise to ensure it meets the qualifications to apply for an E-2 visa.
  • Review your finances to ensure you can put up a “substantial amount” of capital for the business.
  • Determine if you have enough business cash and how much can be placed in an operating account when an E-2 visa application is filed.

Our law firm is passionately committed to keeping our clients informed and helping them understand the various steps involved in obtaining an E-2 visa.

Contact SwagatUSA LLC at our Chicago law office by calling 312-854-7065 and ask to schedule a consultation with a highly trained immigration lawyer who will gladly assist you with your case.