What we can do for you?
1. We can help you to apply for E-2 visa stamp in your home country
If you are not in the United States now, you and your family may apply for E-2 visa together at the U.S. Embassy or U.S. Consulate in your home country. You must schedule an interview for visa applications at the U.S. Embassy or U.S. Consulate. At the interview, you submit your visa applications and provide support evidence to prove that:
(1) You have made investment, or you are planning to make investment, in the United States;
(2) Your investment is made by purchasing an existing business or establishing a new business in the United States;
(3) Your investment should be “substantial”, which means it is more than a “making a living”; and
(4) You have more than 50% control of the business.
2. We can help you to apply for E-2 status in the United States
If you are in the United States under a non-immigrant status such as B-1, B-2, F-1, F-2, H-1, H-4, L-1, L-2, R-1, R-2 now, in order to change your status to E-2 (as a treaty investor), you must have already made, or must be in the active processing of making, substantial investment in the United States, by establishing a brand new business or purchasing an existing business, and the business must file with US Citizenship and Immigration Services (USCIS) an E-2 petition on your behalf. Your spouse and kids in the United States may concurrently file an application to change their status to E-2.
However, if you are in the US under Visa Waiver Program, you cannot apply for changing status to E-2 or any other non-immigrant status. To get E-2 visa, you must go back to your home country and apply for visa stamp in the US Embassy or Consulate with a jurisdiction over your residence.
The E-2 petition must include documentation showing that:
(1) You have made investment, or you are planning to make investment, in the United States;
(2) Your investment is made by purchasing an existing business or establishing a new business in the United States;
(3) Your investment should be “substantial”, which means it is more than a “making a living”; and
(4) You have more than 50% control of the business.
Warning: Before the E-2 petition is approved by the USCIS, you are not allowed to work for the business.
Your non-immigrant status is changed to E-2 as soon as the E-2 petition is approved. Although you will operate and work for the business in the U.S. in E-2 status, this status is not the same thing as E-2 visa stamp. If you plan to travel to another country, you should prepare the visa application package, so that you may apply for E-2 visa stamp before you return to the U.S.
Without E-2 visa stamp in your passport, the immigration officer at the U.S. Custom may not allow you to enter the U.S. That could cause you a lot of inconvenience.
3. We help you to renew or extend your E-2 status
E-2 status is usually valid for 2 years. It is renewable as long as you continue your business operations. You must apply for renewal or extension before its expiration by filing a new E-2 petition with USCIS and an application for extending your family’s E-2 status. Instead of filing a new E-2 petition with USCIS, you may also apply for E-2 extension at the US Embassy or Consulate by applying for a new E-2 visa stamp. To renew or extend your E-2 status with USCIS or to apply for a new E-2 visa stamp at the US Embassy or Consulate, you must provide evidence to prove that you will continue your E-2 business operations.
MORE ABOUT E-2:
Can E-2 Spouse and child be employed in the United States?
The E-2 spouse can apply for work permit (also called EAD, i.e. Employment Authorization Document) when he or she arrives in US. INA §214(e)(2). Upon approval of the work permit application, the E-2 spouse can work for any employer.
However, E-2 child cannot work.
Can E-2 child study in the United States?
E-2 child, before the 21st birthday, can study in college as a full time student in E-2 status. However, the child’s E-2 status will expire at his or her 21st birthday because he or she will be no longer the principal E-2’s dependent after that date. Therefore, before the 21st birthday, he or she must apply for changing status from E-2 to F-1 to study in the college.
Can I change business?
You may start a new business while you are under E-2 status. However, before you close your current business, your new business must file a new E-2 petition on your behalf and the new E-2 petition must be approved before the old E-2 expires.
If you are not quite sure about these questions, please contact Leon E. Jew, attorney at law, at (510) 785-9588, or (510) 710-3539, or visa@dahyee.com.
