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INVESTMENT IMMIGRATION LAW

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E-2 Visa Lawyer Services

Proprietary E-2 Visa Innovations

traditional e-2 services

Traditional E-2 Visa

Developed with the hands-on entrepreneur in mind, Carolyn Lee PLLC’s traditional E-2 solution is designed for those individuals seeking to actively manage their business on a day-to-day basis.

 

hybrid e-2 services

Hybrid E-2 Visa

Carolyn Lee PLLC designed the hybrid E-2 solution for those individuals desiring to develop and direct an E-2 company without actively managing the business daily.

USCIS Requirements

Treaty Nationality

Investor must be a national from a country that has an E-2 treaty with the United States.

Treaty Nationality

Investor must be a national from a country that has an E-2 treaty with the United States, such as: Grenada, Japan, Singapore, Taiwan, United Kingdom, etc.

 

Substantial Investment

Investor must make a "substantial" investment relative to cost of forming or buying the E-2 company.

Substantial Investment

Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S.

A substantial amount of capital is:

  1. Relationship to the total cost of either purchasing or establishing an enterprise
  2. Sufficient to ensure financial commitment to the successful operation of the enterprise
  3. The lower the cost of the enterprise, the hight, proportionately, the investment must be to be considered substantial.

Develop and Direct

Investor must develop and direct the E-2 company.

Treaty Nationality

Investor must be seeking to enter the U.S. solely to develop and direct the E-2 company.

Investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with eh objective of generating a profit. The capital must be subject to partial or total loss fi the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information.

At Least 50% Ownership

Investor must own at least 50% of the E-2 company.

At Least 50% Ownership

Investor must own at least 50% of the E-2 company or have possession of operational control through a managerial position or other corporate device.

Real and Operating

E-2 company has no job requirement but must be "real and operating" service or commodity.

Real and Operating

E-2 company has no job requirement but must be “real and operating” – service or commodity.

A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiciton.

Company not Marginal

E-2 company cannot be marginal and must generate more than enough income for minimal living.

Company not Marginal

A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.

Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins. See Title 8 CFR 214.2(e)(15).