Chinese

Publications

July, 2011

INVESTOR VISAS E-2

To qualify for E-2 status an investor must own at least 50% of the enterprise and also must be actively engaged in the enterprise.  The funds must be at risk, namely, the funds must be subject to partial or total loss if the investment fails.  Besides cash, goods and machinery for the business properly evaluated may be included in the investment.

A SUBSTANTIAL INVESTMENT
What may be characterized as substantial is relative to the nature of the enterprise   Depending on the type of business, the amount invested must be a financial commitment
that will ensure the successful operation of the business. If the cost of the enterprise is low, to be considered substantial, the investor must own a higher proportion of the business, e.g., if the total investment in the business is only $100,000 or less, then the E-2 investor should be providing up to 100% of the investment.  A service business will not require as high an investment as a manufacturing business.  As long as the capital placed at risk is enough to sustain the business to ensure its viability, this will satisfy Immigration’s requirements.

MARGINAL ENTERPRISE
The enterprise must have the capacity to generate more than just enough to pay the living
expenses of the investor and his family.  A 5 year plan is usually required to show the Immigration that the enterprise projects are greater than mere self employment for the investor.
Factors to be considered by Immigration include job opportunities to be provided Americans and permanent residents and that the investor will be an executive or manager of skilled and/or unskilled workers and will have a reasonable expectation of success in the endeavor.

CONTROLLING INTEREST
The investor must have a controlling interest in the business.   The investor needs to be developing and actively directing the enterprise.  Ownership of a controlling interest is not enough. The investor must also be in actively in charge and cannot cede control to employees or another investor.   Any foreign employees must have the same nationality as the investor for the E-2 visa and these employees must be either executive or supervisory or have special qualifications and will be for the enterprise essential employees.    Essential requires either a degree of proven expertise, uniqueness or high skills and a salary commensurate with his/her needed expertise.

Spouses and children are entitled to E-2 visas as well as the principal alien.  The E-2 spouse may also receive employment authorization.  Children of E-2s can attend school without changing status.    Before commencing the E-2 process, you need to check with us to see that your country has an E-2 treaty with the U.S.

TREATY INVESTOR COUNTRIES
Major countries that have E-2 treaties with the U.S. include Argentina, Canada, China, Chile, Colombia, France, Germany, Italy, Japan, Korea, Mexico, Pakistan, Philippines, Poland, Serbia, Singapore, Spain, Sweden, Switzerland, and The United Kingdom.  If you are from another country, check with us to be sure your country has a treaty with the U.S.

If you need help or advise, call us at 212-944-9420.

Our assistance is only a phone call, or e-mail communication away!


New York Immigration Lawyers > Immigration Publications > July 2011



Publications

Featured

GREEN CARD PARDONS FOR UNDOCUMENTED WHO ARE SPOUSES OR CHILDREN OF CITIZENS

Read More

February 2012

DRUG OFFENSES - WAIVERS? OR PARDONS?

Read More

January 2012

EB-5 VISA FOR INVESTORS WHO FORM A NEW ENTERPRISE

Read More

FINALLY - RELIEF FOR MANY UNDOCUMENTED!

Read More

December 2011

J EXCHANGE VISAS

Read More

SKILLED IMMIGRANT VISAS FROM CHINA & INDIA SHOULD DOUBLE IN NUMBERS WITH NEW LAW

Read More

DEPORTATIONS REVIEWED, PROSECUTORIAL DISCRETION

Read More

SELF- PETITIONS - PROVISIONAL RESIDENTS SEPARATED OR DIVORCED FROM U. S. SPOUSES

Read More

November 2011

U VISAS: VICTIMS OF TRAFFICKING AND VIOLENCE

Read More

September 2011

BPARTNERS AND INELIGIBLE FAMILY MEMBERS: B-2 STATUS & EXTENSIONS

Read More

BUSINESS VISAS FOR START UP COMPANIES

Read More

TRAINING VISAS (H-3)

Read More

August 2011

ENTREPRENEURS - SELF PETITIONS

Read More

WAIVERS

Read More

July 2011

REMOVAL, PHYSICAL

Read More

PROSECUTORIAL DISCRETION: FOCUSING ON ENFORCEMENT PRIORITIES

Read More

INVESTORS : IMMIGRANT VISAS: EB-5

Read More

INVESTOR VISAS E-2

Read More

June 2011

NATURALIZATION, WHY & HOW

Read More

CHILD CITIZENSHIP ACT

Read More

ADVANCE PAROLE

Read More

May 2011

O VISAS FOR EXTRAORDINARY ABILITY IN BUSINESS, SCIENCE, ARTS OR ATHLETICS

Read More

SAME SEX MARRIAGE, REPRIEVE OF DEPORTATION

Read More

K-1 FINANCE VISA AND DIVORCE

Read More

April 2011

H-1B PETITIONS FOR FISCAL YEAR 2012

Read More

GUILTY PLEAS TO CRIMES – IMMIGRATION IMPACT

Read More

VAWA- VIOLENCE AGAINST WOMEN ACT

Read More

DETENTION OF IMMIGRANTS

Read More

March 2011

REMOVAL REMEDIES

Read More

U VISA

Read More

February 2011

Asylum Application filed late: What are your options?

Read More

January 2011

CONSULAR VISA PROCESSING

Read More

PROSECUTORIAL DISCRETION

Read More

VOLUNTARY DEPARTURE - WHAT HAPPENS IF AN ALIEN FAILS TO LEAVE?

Read More

December 2010

DRIVING WITHOUT A LICENSE AND STOPPED BY POLICE

Read More

H-1B VISA AVAILABILITY SOON TO CLOSE

Read More

APPEALS TO THE BOARD OF IMMIGRATION

Read More

November 2010

J-1 WAIVER OF THE TWO YEAR FOREIGN RESIDENCE REQUIREMENT FOR EXCHANGE VISITORS

Read More

CO-SPONSORSHIP, AFFIDAVITS OF SUPPORT

Read More

WORK AUTHORIZATION

Read More

DERIVATIVE CITIZENSHIP FOR CHILDREN BORN ABROAD

Read More

October 2010

CITIZENSHIP APPLICATIONS

Read More...

T and U VISAS, REVISIONS TO THESE PROGRAMS

Read More...

APPEALS OR MOTIONS TO REOPEN AND RECONSIDER IN ASYLUM CASES AND JUDICIAL REVIEW

Read More...

DEPORTATIONS: SHIFT IN U.S. POLICY

Read More...

September 2010

RELIGIOUS IMMIGRANT WORKERS

Read More

INTRA-COMPANY TRANSFEREE (L-1)

Read More

PARDON REVIEW PANEL

Read More

August 2010

TEMPORARY VISITORS (B-1 BUSINESS, B-2 PLEASURE) AND EXTENSIONS OF STAY

Read More

BATTERED SPOUSES, PARENTS AND CHILDREN

Read More

FIANCE(E) OF U.S. CITIZEN (K-1)

Read More

July 2010

GREEN CARDS, NEW, SECURE AND PRIVATE, VALID FOR TEN YEARS

Read More

DEPORTATION ORDERS MAY BE REOPENED

Read More

June 2010

NATURALIZATION

Read More

May 2010

Help for Immigration cases in Arizona

Read More

April 2010

H-1B WORK VISAS

Read More

March 2010

U.S. CITIZENSHIP FOR FOREIGN BORN & ADOPTED CHILDREN

Read More

February 2010

TEMPORARY PROTECTED STATUS (TPS)

Read More

ASYLUM

Read More

January 2010

EXTENSION OF STAY AND CHANGE OF STATUS

Read More

December 2009

GREEN CARDS

Read More

November 2009

H-1B, SPECIALTY OCCUPATION

Read More

October 2009

ASYLUM WAIVER APPLICATION

Read More

September 2009

TPS DENIALS MAY NOW BE APPEALED TO AN IMMIGRATION JUDGE

Read More

August 2009

INTRA-COMPANY TRANSFEREES (L-1)

Read More

ASYLUM FOR BATTERED WOMEN

Read More

July 2009

DEATH OF A U.S. PETITIONER:

Read More

June 2009

ARRESTS OF UNDOCUMENTED ALIENS

Read More

May 2009

CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

Read More

April 2009

VISITORS AND BUSINESS VISAS

Read More

March 2009

RAIDS AND ROUNDUPS, IMMIGRATION

Read More

February 2009

SPECIALTY OCCUPATION H-1

Read More

January 2009

DEPORTATION ORDERS REOPENED

Read More

December 2008

DIVORCE DOES NOT AUTOMATICALLY INVALIDATE

Read More...

November 2008

WHAT WE MAY EXPECT FROM PRESIDENT-ELECT OBAMA’S FIRST TERM

Read More...

CANADA OR MEXICO THREE YEAR PROFESSIONAL WORK VISAS

Read More...

October 2008

NEW BUSINESS START UP: L OR E VISAS

Read More...

September 2008

EXTENSIONS OF TEMPORARY STATUS

Read More...

August 2008

CHILDREN OF U.S. CITIZENS

Read More...

July 2008

MOTIONS TO REOPEN BASED ON CHANGE OF CIRCUMSTANCES AND NEW EVIDENCE

Read More...

June 2008

CHILD STATUS PROTECTION ACT, RECENT REVISIONS

Read More...

SPECIALIZED KNOWLEDGE FOR INTRA-COMPANY TRANSFEREES

Read More...

May 2008

EXTRAORDINARY ABILITY

Read More...

LABOR CASES - HIGHER EDUCATION

Read More...

April 2008

PAROLED ALIENS, ARE ELIGIBLE FOR GREEN CARD

Read More...

March 2008

IMMIGRANT, PUBLIC BENEFITS

Read More...

February 2008

IMMIGRATION INJUSTICE CORRECTION

Read More...

January 2008

FAST ACTION FOR IMMIGRATION DELAYS

Read More...

December 2007

BATTERED SPOUSE OR CHILD

Read More...

REVIEW OF GREEN CARD DENIAL

Read More...

November 2007

DIVERSITY VISA PROGRAM, 2009 LOTTERY

Read More...

September 2007

DETENTION AND REMOVAL, HELP AVAILABLE

Read More...

August 2007

A WAY TO OBTAIN RESIDENCE

Read More...

July 2007

EMPLOYMENT VISAS

Read More...

June 2007

IMMIGRATION REFORM

Read More...

   Copyright © 2004 Oltarsh & Associates, P.C. - All rights reserved. Sitemap - Links 1 | Links 2
    Oltarsh & Associates, 494 Eighth Avenue, Suite 1704, New York, New York 10001.

The Material on this Website is intended to be for educational and entertainment purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and how it may affect your particular legal problem. Each legal problem depends on its individual facts. You should not act or rely on any information on this Website without seeking the advice of a competent attorney licensed to practice law for your particular problem