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If you think launching an enterprise in the United States is complicated, you’re not wrong. However, there are strategies to kickstart your plans into action. As you seek opportunities in the U.S. business landscape, an E-2 Visa lawyer can help you achieve that entrepreneurial dream.
Business immigration laws in the United States allow eligible foreign nationals to penetrate, invest in, and potentially thrive in the country’s trade and commerce. Although dealing with policies can be taxing, with the guidance of a qualified immigration lawyer, it becomes a breeze.
Read on to gain insights into this immigration benefit’s requirements, qualifications, and advantages. Plus, explore how to effectively demonstrate a substantial investment for a successful application.
How An E-2 Visa Lawyer Helps Foreign Investors
An E-2 Treaty Investor Visa allows qualified foreign nationals from treaty countries to invest in and manage businesses in the United States. As with any immigration-related process, applying for such a Visa entails an intricate legal undertaking.
Given the complexities, the most invaluable investment you can make to get a favorable outcome is to seek the guidance of a skilled immigration attorney. They provide comprehensive advice on the requirements and help you determine the appropriate investment funds.
Moreover, these lawyers prepare and organize the application’s documentation requirements. They offer strategic advice on structuring investment enterprises to maximize the likelihood of approval. Their knowledge and experience in immigration law enable them to provide tailored solutions to each investor’s unique cases.
The first step in achieving your business immigration goals is knowing your qualifications. Having an experienced immigration attorney on board from the very start can help you solidify your eligibility.
Qualifications Of A Treaty Investor
To qualify as a treaty investor, you must be a citizen of a nation with a commerce and navigation treaty with the United States. You should also demonstrate the intent to grow and direct the U.S. enterprise. You can show this by having at least 50% ownership or a managerial position in the entity. Additionally, you must meet the following requirements.
Invest A Substantial Amount
Substantial investment indicates that you must allocate considerable capital to a U.S. enterprise. While the government does not specify a fixed dollar amount, the investment must be significant relative to the total cost of purchasing or establishing the business.
Demonstrating substantial investment is a critical requirement for obtaining a Treaty Investor Visa. Doing so assures U.S. immigration authorities that you are committed to the enterprise’s success and will actively contribute to the country’s economy.
The investment capital must be enough to ensure the company’s successful operation. It must be “at risk,” meaning that the investor will lose the capital if the business does not succeed.
Can Prove The Legitimacy Of Funds
To demonstrate legitimacy, you must explain the source of the investment capital. This requirement is crucial for the government to ensure that the funds do not originate from money laundering schemes and criminal financial activities.
Demonstrating the legitimacy of your funds is a critical requirement in the application process. The question is, how do you do this?
How To Prove Up Your Investment Fund
To qualify for an E-2 Visa, the investor must demonstrate possession and control over the invested capital. Proving up the investment funds necessitates providing documentary evidence, with the specific requirements varying based on the origin of the capital.
Funds can come from various sources, and there are different ways to substantiate their source. Here are some of them.
Personal Savings
Many investors fund their E-2 investments through legally earned savings. Typically, USCIS requests personal tax returns from the past three years to confirm sufficient earnings to cover the investment. In certain instances, the examiner may request additional evidence to verify the source of income stated in the tax returns.
Gift & Inheritance
You need to provide a gift letter detailing the gift and the donor’s relationship to you. The giver must furnish the same information as you would if the funds were theirs. As for the inheritance, you must show probate documents or evidence of fund transfer.
Loans
If the loan originates from a bank or similar institution, you must submit documents such as the promissory note, loan agreements, and bank transfer records. If you borrow it from an individual, there must also be a document proving the source of the funds.
Once the source is determined, the person providing the loan must furnish the information required of an investor if the funds were their own. Additionally, you must provide documentation of bank statements showing the loan transfer from the third party to the business bank account.
Business Profits
If investment funds originate from business profits, you must submit corporate financial documents such as audited financial statements or corporate tax returns. These papers are necessary to validate the business’s legitimacy and profitability.
The core requirement for the source of funds is gathering enough documentary evidence to illustrate how and from whom you acquire the funds. You must also establish a transparent paper trail tracing the money’s origin to your U.S. bank account.
After understanding how to prove your investment, you might wonder whether you have adequate funds. Read on to learn how to determine what substantial investment is.
Determining The Right Investment Amount
If you are having difficulty figuring out what “substantial investment” means in business immigration, you are not alone. Many have puzzled over this qualification for a treaty investor since the law doesn’t prescribe any specific dollar amount.
Substantial investment is more than just throwing cash at a business in the United States. It is more nuanced than that. Some determining factors can help you show evidence of a significant investment amount to the state. The following breaks down the key factors.
Amount Of Money
No set dollar figure defines a substantial investment, but it should be hefty enough to fund the business entirely. For example, suppose you’re opening a coffee shop. Then, a $100,000 investment might be substantial, considering the cost of leasing space, buying equipment, and stocking up on supplies. It’s about having enough skin in the game to show you are in it for the long haul.
Proportionality Test
The investment should be significant compared to the total cost of purchasing or establishing the business. This is known as the proportionality test. If the company’s total cost is $200,000, and you invest $150,000, that’s substantial because it represents a significant portion of the business value. This scenario dismisses the doubts about whether your investment is comparable to the price of the business or a major share of it.
By meticulously demonstrating these measures, you can effectively establish the substantiality of your investment and strengthen your application. Ultimately, you will reap the inviting rewards of investing.
The Benefits Of A Treaty Investor Visa
The E-2 Treaty Investor Visa offers plenty of benefits for foreign investors, including:
- Flexibility in Business Ventures. You can invest in various businesses, from emerging shops to well-established enterprises.
- Family Accompaniment. You can designate your spouse and unmarried children under 21 as dependents, allowing them to be with you in the United States.
- Renewability. E-2 Visas are renewable indefinitely, provided you continue to meet the requirement and the business remains operational.
- Path to Permanent Residency. While the Visa does not directly lead to permanent residency, it can serve as a stepping stone to pursue alternative immigration avenues. For example, you can get a Green Card through the EB-5 Immigrant Investor Program.
Many investors also find these rewards appealing, in addition to the possibility of business expansion. Therefore, you should seek guidance from qualified immigration attorneys to experience these benefits.
Work Smart With Lozano Law Firm
When considering the intricate process of securing a Treaty Investor Visa, rest assured you can rely on the competence of a reputable team from Lozano Law Firm. This law firm in San Antonio, Texas, offers foreign investors a distinct advantage in navigating the complexities of U.S. immigration law.
Focusing on business immigration, its team is committed to delivering extensive support tailored to your goals. The firm’s commitment to excellence is highlighted by its track record of successfully guiding investors and providing a streamlined experience.
Moreover, Lozano Law Firm’s devotion to integrity, professionalism, and client satisfaction makes it stand out as a trusted legal partner. By tapping into the skills and dedication of its immigration attorneys, you can rely on their solid commitment to success.
Summary
Securing an E-2 Visa is pivotal for foreign investors looking to establish or expand their business presence in the United States. The strict qualifications and requirements for obtaining it merit the guidance of a skilled immigration lawyer. Ultimately, the rewards of getting such a Visa approved outweigh all the challenges involved in the overall process.
Meanwhile, substantial investment, as one of the significant requirements for an E-2 Visa, is more than the money you put into the business. You must show how to use it to create a viable, active venture that benefits the U.S. economy. By partnering with Lozano Law Firm, you can leverage the skills of experienced immigration lawyers. They can help you meet the requirements, improving your chances of a successful application.
