E2 Visa Strategies: Does an E2 Visa Applicant Need to Hire Employees?

| US Business Visas for Entrepreneurs

By Isaul VERDIN, VERDIN Founder and Managing Attorney

Does an E2 Visa Applicant Need to Hire Employees?

The short answer is No.

However, the E2 visa regulations require that the E2 visa applicant establish that the business enterprise has the capacity to generate enough income to provide for more than a minimal living for the investor’s family.

E2 Visa Application Strategy – Employees

One way to establish the minimal income requirement is to show that the E2 applicant has hired one or more employees. This would clearly show that the business income is more than enough to provide for only the investor.

But, if the E2 visa applicant is not prepared to hire employees – there is another option.

Tthe entrepreneur can create a business plan that details the steps that will be taken within five years to make a significant economic contribution.

In the business plan, the investor can project a personnel growth plan within five years. Using this strategy, the E2 investor applicant can present a case for approval without hiring any employees before filing the application.

E2 Visa Points to Know

• Plan to Succeed: The U.S. government wants to see that the foreign investor has planned for success. Accordingly, the investor should provide a detailed Five Year Business Plan – forecasting capacity to generate sufficient revenue to exceed minimal living standards.

• 5 Year Business Plan Assistance: VERDIN will assist in creating your Five Year Business Plan. Call 214-741-1700 or 800-656-4232; or Contact VERDIN.

• Create US Job Opportunities: The foreign investor / entrepreneur should provide evidence to show that the enterprise will create job opportunities in the U.S. By expanding jobs in the U.S. economy, the investor can increase his or her probabilities of obtaining the E2 visa.

• Provide Evidence for Income Generation: An E2 applicant is to provide evidence that the enterprise will generate significant income at a level that is above a standard living income for the total number of family members in the investor’s household.

• Provide Documentation for Source of E2 Visa Investment: If the enterprise has the capacity to generate significant income then the investor should provide evidence. For example, if the enterprise has already generated high sales volume, then the investor should provide bank statements and Profit & Loss statements to support the declaration of high income. We advise on all strategies and tools available, such as VIBE; a free tool the U.S. government uses this tool to investigate businesses.

E2 Visa Business Planning

VERDIN provides international clients strategic advice on starting and operating a new venture to secure immigration benefits. We address preliminary business planning to include business modeling, legal entity selection, business plan preparation and revision; and business document preparation for incorporations and owner agreements.

We are experienced in handling complex E2 investor cases. We routinely deal with US Citizenship and Immigration Services, US embassies and consulates around the world to help our clients achieve their investor visas. We develop strategies to effectively navigate the statutory and regulatory requirements. Equally important, we stay informed on changes related to policies and procedures affecting our client’s investor cases.

In addition, we assist E2 designated businesses petition for foreign employees with special qualifications that are essential for the business.

E2 Visa Questions?

Contact VERDIN Law

 

Immigration Questions? Please Contact VERDIN Law

Isaul VERDIN has extensive experience advising multinational companies and entrepreneurs on complex US immigration matters involving investments.

Mr. VERDIN focuses on advising companies on structuring entities, acquisitions, and strategic expansion to satisfy US immigration E-1, E2, L1A, L1B, or EB-1 objectives in a variety of fields. These business opportunities include real estate, aviation, technology, manufacturing, retail, luxury goods, and professional services. Additionally, he litigates deportation defense matters throughout the US.

Since its inception, VERDIN has gained a reputation for prevailing in even the most complicated immigration matters.

“As a Board Certified, Immigration Lawyer (Texas Board of Legal Specialization) with over 20 years of experience, my passion is immigration law. We will listen to your concerns, answer all your questions, and expertly guide you through your immigration process.” ~ Isaul VERDIN, Founder and Managing Attorney

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