Do I have to hire U.S. employees in Order to Get an E-2 Visa?

The E-2 US visa is commonly referred to the investor’s visa. The visa postulates that an individual can enter and work in the United States of America based on a person’s investment. The investment may be through purchasing a pre-existing business or to establish a new business venture. The visa is renewable every five years without any limit on the number of times that the visa is renewed. If you are one of the foreign investors here some of the important facts, you need to know.

A Closer Look At the E-2 Visa Requirement

The E2 Visa business plan is best-started when you have the information in the visa requirement. As an investor, you must see to it that your capital is sizable. The investment should be mutually beneficial to you as an investor and to the state. The entrepreneurial or commercial investment should be active and profitable. The said investment should be the idle type like the undeveloped land or stocks where it does not produce enough profit.

The next step is to present your documents that your investment or business is legitimate. The legal documents include;

  • Notice of assignment of an Employer Identification Number from the Internal Revenue Service (IRS)
  • Tax returns
  • Financial Statements
  • Payroll summaries or quarterly reports
  • Business organizational chart
  • Business licenses
  • Bank statements, utility bills, and advertisements/telephone directory listings
  • Contracts or customer/vendor agreements
  • Escrow documents
  • Lease agreement

Do I have to hire U.S. employees in Order to Get an E-2 Visa?

After these legal documents, the next step you need to accomplish is to establish that your business or investment is not within the marginal income or an idle category. read additional requirement for E-2 visa at http://www.uscis.gov/eir/visa-guide/e-2-treaty-investor/understanding-e-2-requirements. Additional papers have to be presented to support and strengthen your claim that your business is profitable. The following legal documents are required;

  • Feasibility study or detailed business plan that your business will earn, and it can support your family, and it can also contribute to the economic welfare of the state.
  • US or foreign individual tax returns
  • Financial statements
  • Payroll summaries

As to the source of capital to validate that it is substantial, the following papers need to be submitted.

  • Percentage of ownership and the list of ownership
  • Capitalization table
  • Stock purchase agreement, term sheet, letter of intent, or memorandum of understanding
  • By-laws
  • Meeting minutes
  • Stock certificates or stock ledger
  • Articles of incorporation/organization
  • Annual report or US Securities and Exchange Commission (SEC) Form 10-K
  • Partnership Agreement
  • Franchise Agreement

Do You Need A Lawyer For Your E-2 Visa?

Fulfilling the required documents for the E2 visa business plan in itself requires you to tap the services of lawyers. Each document must be legal, and as such it needs to have a lawyer’s stamp to validate your claim. In additional, complying with other documents that may be needed to support further your business plan has to be authenticated by a lawyer.

The requirement may look easy to accomplish, but in reality, it can be overwhelming. When you hire the services of an immigration lawyer, your load is not as heavy as doing it alone. Also, the experience lawyers can give you tips on what to do to get your visa without any delay.

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