FREQUENTLY ASKED QUESTIONS
Does an E-2 Visa Lead to A Green Card?
No. An E-2 Visa is a non-immigrant Visa and does NOT lead to a Green Card. While it does not lead to a green card, it is often approved for a 5-year period and as long as the business is still in operation you can renew the Visa indefinitely. If you qualify for any other immigrant visa such as EB5,family etc, you can adjust your status while you are in US.
How Much Do I Need to Invest to Get an E-2 Visa? Is There a Minimum Amount?
While there is no required investment amount, a strong application will demonstrate significant capital, it is a very tricky question and therefor one can never answer without knowing what business are one is interested to buy or start a business. Please note that based on the business or trade structure you may invest as little as $25,000 to get a E-2 visa.
Generally, investments in service or consultant-based businesses will require a lower investment amount than investments in manufacturing-based businesses, as the standard applied by the government is specific to the type of business being considered.
For those investments that are not 100%, the higher the cost of the business, the greater the amount of financing against the business assets is allowed. The State Department has published an illustrative sliding scale as follows:
Total Costs of Business Percentage Cash Required
$ 50,000.00 100%
$100,000.00 75% to 100%
$1,000,000.00 50% to 60%
How can USBIZ4U help in process of buying and getting an E-2 visa?
USBIZ4U provides all the necessary information along with making deals on your behalf with business sellers. You can save minimum of 30-40% in any deal when you are buying a business in US. We can make a big difference when it comes to own a business in US because we know businesses inside out. We make sure that you are buying a business that is worth what you are paying for it.
1) It is very important to understand a US based business and the required investment. The first rule is that you must be able to get your investment back within 24 to 42 months. At the same time you must pay attention on the business' expected future value or in case you want to go back to your country you may not lose any investment. Although we can never offer any guarantee for any business, we provide all the information which will help you understand the business and the risk s involve in a business.
2) We make sure that you make your decision based on your own observation. The first step is to take the basic decision, which business you are interested in. Secondly, you pay the initial fee. We provide you a list of the businesses which are in range of your investment. We get the appointments from the sellers. You may visit the business and learn more about you.
3) We always suggest to visit USA before making a final decision and for that we will help you to obtain your business visa (B1).
4) We have the best lawyers for E-2 business visa at the same time we work with the best in the industry business plan writers to make sure that you understand all the pros and cons in any business you may interested in along with the residents of the area where you are planing to start or buy a business. .
5) We also provide business partners for a business that needs more investment than one has. We connect potential business buyers. It is important to understand that many business sellers, sell at very low price and with cash you can always be a king. At the same time if you do not have enough money you can always find a partner who may have the same desire. This makes a lots of difference since paying cash for a business may get you an extra discount of 30-40%. This can make a huge difference in future.
6) We offer Skype consultation with group. If you do not know what to ask, someone from group may ask that question which can be helpful for you to understand the buying business in USA.
Do I need to be in the United States to start the process ?
No. we can correspond with you via Skype, email, mail, telephone etc.
Do I need to travel to the United States before the E-2 application is submitted?
No. However, you may want to consider having a look at business yourself before buying it. We strongly recommend that you visit United States prior to deciding which business to purchase. We can send you details of businesses you are interested in. You can shortlist businesses you want more information about. Once you have your shortlist, you can come over to the United States on a 90 day visa waiver or on a 180 day B1/B2 visa. Both methods permit you to look at the potential businesses to purchase or sign an Asset Purchase contract. However, they do not permit you to operate any business until you have been approved for E1/E2 visa. We will help you in every step of this process.
What happens after the E-2 application is submitted to the Embassy?
Once your application package is complete and filed, you will then be called to attend an interview at the US Embassy. It is currently taking approximately 2 to 10 weeks for the interview to occur from the date the application is received, depending on the place you are filing. The Embassy may contact you and your lawyer in USA and ask for further evidence to be provided prior to the interview. Sometimes the Embassy asks for such further evidence to be submitted immediately or sometimes they ask you to bring the information to the interview.
If I apply for an E-2 visa are my spouse and children covered by my application?
Yes. Your spouse and any children who are under the age of 21 can apply to accompany you to the United States.
Can my spouse work in the United States?
Yes. Once the E2 visa is approved and you arrive in the United States, your spouse can apply for work authorization.
Can my children attend school in the United States?
What will the interview be like and what should I say?
The interview should be straight forward. The Embassy Officer may ask you questions about your reasons for wanting to apply for the E2 visa. They may ask you to explain your business growth plans that are detailed in your business model. They may ask any questions about your personal life or personal intentions. What should you say? Tell the truth and this should be your only intent.
You may be asked many questions related to the business and business plan. You must understand that it is you who is buying a business and it is your money at risk so you need to know how you are going to run the business. It is simple to answer make sure that you are not talking to someone who is a business consultant. The person who is asking you question wants to know if you know what business is and how you are going to manage it. At the same time how much you are expecting to make in future. You should know all about this business.
There is nothing you have to worry about as long as you know what are you buying, how much you are investing, how you will manage and how are you going to make money. Although it is hard to get ready for every unknown question for E2 visa, but you must remember it is all about your business.
What is an Active Investment for Treaty Investor E-2 Visa Purposes?
In order to satisfy the E-2 visa regulatory criteria, the investor must present evidence to the US Consulate or the US Citizenship & Immigration Service, that he/she had placed its own funds into an investment which requires the investor’s involvement. A passive investment such as an income generating real estate ventures which do not require any active participation of the investor (example: rental property) will not meet the E-2 visa rules.
Real estate investments are normally attractive for foreign investors due to their appreciation in value with the passage of time. Many foreign investors prefer to place their funds into a property which will not only appreciate in value, but will also create a guaranteed stream of income over a term of years. There are numerous investment opportunities that fulfill these objectives such as triple net long term leases offered by franchise chains and other real estate management companies. But without the foreign investor’s active participation in the operation of the business enterprise, the investment may not be deemed “active” under treaty investor “E-2 visa” regulations.
An example of certain real estate investments that would satisfy the treaty investor E-2 visa “active investment” regulations include development companies that purchase, develop, improve, construct and/or manage real properties. One can see the difference between “active” versus "passive" real estate investments. Like real estate, any other investment meets the treaty investor E-2 visa regulations if the foreign national actively managed the enterprise.
How Are Funds Placed At Risk in the Commercial Sense and to satisfy ?
The E1/ E2 investor also must show that he/she is in possession and control of the funds to be invested, and that he/she is in a position to develop and direct the enterprise. Alternatively, an alien investor may demonstrate that he/she is actively in the process of making a substantial investment in such an enterprise. An applicant in the process of investing may show that he/she has invested the necessary funds to enable the start-up/buy of actual business operations. Mere intent to invest or possession of uncommitted funds in a bank account will not be sufficient to qualify an applicant for an E-2 visa. An applicant that is purchasing an existing business or starting up business where the business require goods and a store may show that he/she has a contract committing him/her to purchase the business or renting/leasing a store along with goods purchasing contracts that is conditioned upon the issuance of a visa. For example, funds to be used in the purchase of the business may be held in escrow to be transferred to the seller,/landlord/broker or goods supplier only if the visa is issued.
This mechanism satisfies the “at risk” requirements of the treaty investor E-2 visa regulations because the escrow agent/lawyer is bound to release the funds placed by the foreign investor to the sellers upon the approval of the E-2 visa application. Should the E-2 visa application be denied, the funds will return back to the foreign investor. The escrow agreement mechanism is an irrevocable commitment of placing funds at risk; hence it satisfies the regulatory requirements.( Please note in case of denial of a visa your fees paid to USBIZ4U are not refundable)
Please see United state department of State Foreign Affair Manual 9 FAM 41.51 N8.1-3 "Funds Must be Irrevocably Committed (CT:VISA-1586; 10-14-2010) a. To be “in the process of investing” for E-2 purposes, the funds or assets to be invested must be committed to the investment, and the commitment must be real and irrevocable. As an example, a purchase or sale of a business which qualifies for E-2 status in every respect may be conditioned upon the issuance of the visa. Despite the condition, this would constitute a solid commitment if the assets to be used for the purchase are held in escrow for release or transfer only on the condition being met. The point of the example is that to be in the process of investing the investor must have reached an irrevocable point to qualify. b. Moreover, for the alien to be “in the process of investing”, the alien must be close to the start of actual business operations, not simply in the stage of signing contracts (which may be broken) or scouting for suitable locations and property. Mere intent to invest, or possession of uncommitted funds in a bank account, or even prospective investment arrangements entailing no present commitment, will not suffice".
What is an Escrow account?
Please see detail at New York State Bar Association
I currently live in a foreign country. Can I still use your firm?
Yes. Many of our clients do not reside in the United States. Using the latest communication technology, we provide the same representation to our clients living outside the United States as we offer to our clients within the United States. Even if you are not currently living close to one of our many office locations, we would be more than happy to represent you with your E-2 investor case.
Can I apply business visa to come to USA before I can start or buy a business?
Yes, you can always apply a business visa famously known as B1 to come to USA which is good for the following reasons,
You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:
Consulting with business associates
Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
Settling an estate
Negotiating a contract
Participating in short-term training
Transiting through the United States: certain persons may transit the United States with a B-1 visa
Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa
You must demonstrate the following in order to be eligible to obtain a B-1 visa:
The purpose of your trip is to enter the United States for business of a legitimate nature
You plan to remain for a specific limited period of time
You have the funds to cover the expenses of the trip and your stay in the United States
You have a residence outside the United States in which you have no intention of abandoning, as well as other binding ties which will ensure your return abroad at the end of the visit
You are otherwise admissible to the United States.
To Find out if you are eligible for these kinds of visas and how you can apply, Please contact USBIZ4U as soon as possible. We would be happy to review your case during a scheduled case evaluation.
We can help you meet all the business immigration requirements, which can increase the chances that you will be successful in your business in USA. We understand how confusing and overwhelming starting or buying a business in USA procedures can be, especially when you are a busy business owner or a person with ambitious revolutionary business idea.
When you entrust your E-1/E-2 and EB-5 business visa service to our firm, you can leave the worrying to us.
We use our extensive business and immigration experience to help our clients meet their business and visa objectives.
USBIZ4U Brokers Inc
110-03 101st Ave
Richmond Hill NY 11419
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