e2 visas - the treaty investor visa

Investing in America under the E2 Visa

Shah Peerally Law Group PC

The E2 Treaty visa US Investment Visa Options

www.PeerallyLaw.comPhone (510) 742 5887

How To Qualify under the E2 Visa?

To qualify, the investor must establish the following:

(1) the individual is a national of a treaty country; (2) the individual has a “substantial investment” or

plans to substantially invest in a “real, continuing commercial enterprise”; and

(3)the individual is coming to America to develop the investment.

What is an E2 Visa

An individual can acquire an E-2 visa if the individual is entering the U.S. to invest in a continuing commercial enterprise. Note that E-2 Treaty investors should be distinguished from EB-5 immigrant investors.

Unlike EB-5 visas that grant conditional residency, an E-2 only confers nonimmigrant status.

Who Qualifies for E2 Visa?

As a treaty investor, you must be coming to the United States to invest in a new or existing enterprise.

USCIS defines an E-2 investment as the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Your investment may be for the purpose of establishing a new business venture, or purchasing a pre-existing business. In either scenario, you must demonstrate that the capital you are investing is substantial.

Your investment must be in a bona fide enterprise and may not be marginal.

A bona fide enterprise is one that is a real, active commercial or entrepreneurial undertaking which produces services or goods for profit. The enterprise cannot be an idle investment held for potential appreciation in value, such as undeveloped land or stocks held by an investor who has no intent to direct the enterprise.

A marginal enterprise is one that will not generate more than enough income to provide a minimal living for you and your family or to make a significant economic contribution.

Some of the evidence you may submit to demonstrate that your business is bona fide

includes:

Notice of assigment of an Employer Identification Number from the Internal Revenue Service (IRS)

Tax returns

Financial statements

Quarterly wage reports or payroll summaries (i.e., W-2s and W-3)

Business organizational chart

Business licenses

Bank statements, utility bills, and advertisements/telephone directory listings

Contracts or customer/vendor agreements

Escrow documents

Lease agreement

Some of the evidence you may submit to demonstrate that your business is not marginal

includes:

Detailed business plan or executive summary showing that your business will produce more than a minimal living for you and your family or will create a significant economic contribution, along with any evidence that you believe will support the statements in your business plan.

U.S. or foreign individual tax returns Financial statements Payroll summaries (i.e., W-2s and W-3)

You must be in possession of the funds you will invest and the funds must be committed to your business.

You must demonstrate that the capital you invest is irrevocably committed to the enterprise and subject to partial or total loss in the event that the entity fails. The funds you invest must also be your own. Additionally, the invested funds must be substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise you are considering.

Some of the evidence you may submit to demonstrate that your investment is substantial and irrevocably committed to the enterprise

includes:

Canceled money orders and/or checks

Corresponding personal and/or business bank statements

Itemized list of goods and materials purchased for the start-up

Corresponding financial accounting documentation

Lease agreement

Term Sheet, Letter of Intent, or Memorandum of Understanding

Bill of sale

Escrow documents

Loan and/or mortgage agreements

Capitalization table

Valuation analysis of business assets

More evidence...

Purchase agreement for business assets Valuation analysis of stock Stock purchase agreement, accompanied by: Meeting minutes Stock ledger Stock certificate Corresponding forms of payment for stock

You must be able to provide the source of your funding.

You must show a clear and legitimate path regarding the source of the capital you will be investing. You must also demonstrate that the funds you are investing have not been obtained through criminal means.

Some of the evidence you may submit to demonstrate the source of your capital includes:

Wire transfers, money orders, and/or canceled checks

Foreign and domestic bank statements Foreign tax returns Pay records Property records Loan and/or mortgage agreements

You must be coming to the United States to develop and direct the enterprise.

You must show that you will develop and direct the investment enterprise by demonstrating ownership of at least 50 percent of the enterprise, or by possessing operational control through a managerial position or other corporate devices.

Some of the evidence you may submit to demonstrate your capacity to develop and direct your business venture

includes:

A detailed list of all owners and their percentage of ownership. If you are one of two 50 percent owners, or own less than 50 percent of the enterprise, the documentation should be signed by all owners in order to evidence that you possess a controlling interest

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 U.S. Securities and Exchange Commission (SEC) Form 10-K

Partnership agreement

Franchise agreement

How Can An E2 Visa Law Firm Help?

The E2 Visa does not seem to be complicated, however, navigating the difficulties of the immigration department (DHS) and State Department can be a daunting task.

The Shah Peerally Law Group PC can help:

1. Preparing the documents; and

2. Preparing you for the interview; We are proud to say that we have had great success with

E2 visa and other immigration visas!.

Call us for our expertise at (510) 742 5887

Important

Information provided on the slides, videos and websites are provided for educational purposes only. You should not act or refrain to act solely on the information provided. You should contact an attorney for assessment, consultation or to prepare your case. Feel free to call us at (510) 742 5887 or visit www.PeerallyLaw.com for more information.