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E-2 Visa/Status—Investors and Essential Workers

As a means to facilitate investment from foreign corporations, the United States provides special visas to foreign investors from countries with U.S. trade treaties. Timely and correct filing, however, are critical to this process. With that in mind, many companies choose to work with experienced immigration attorneys in the United States.

Basic Requirements:

The E-2 visa status is made available to eligible citizens of countries that share a trade treaty with the United States (please look at a list of those countries). To be eligible for the E-2 visa, individuals must be investors or essential employees that are citizens of a country with a U.S. trade treaty and employed by a company that is controlled or owned by a member of that same country.

Moreover, the investment made in the United States must be ongoing, of substantial value, and creates job opportunities within the U.S. To be considered an investor, an individual must be directly involved in the management of the company and, thereby, can direct the investment. Alternately, to be considered an essential employee, an individual must possess special training or qualifications that make him or her essential to the investing company.

Duration of Stay:

Under most circumstances, the E-2 visa status is granted for two (2) years. However, this visa may be indefinitely extended—usually in increments of two years—so long as the investing business remains viable and continues to conduct business in the United States.

Family Members:

With the E-2 derivative status, the spouse and children of the primary beneficiary may accompany the primary beneficiary into the United States and remain in the country for the duration of the visa. Children are only eligible for this derivative status if they are less than 21 years of age and not currently married. While in the United States, spouses may apply for employment authorization that will allow them to work in the country. Moreover, anyone with an E-2 derivative status may attend any school in the U.S.

Fees:

At the Law Office of William Jang, PLLC, our Austin immigration attorneys charge the following attorney’s fees when filing a typical E-2 application in the United States with the United States Citizenship and Immigration Services (USCIS) (please take a moment to read this disclaimer), in addition to the filing fees currently charged by the USCIS:

Change/Extension Status in the USA:

  • $5,000 in attorney’s fees for the immigration petition
  • $500 in attorney’s fees for family’s application (if any family is also applying)
  • $460 for the filing fee charged by the USCIS for the main petition
  • $370 for the USCIS filing fee for the principle beneficiary’s family
  • $2,500 for the filing fees associated with USCIS premium processing (optional)
  • $410 for the filing fee for a spouse’s employment authorization (optional)

Application outside of USA at a Consular Office:

  • $6,000 in attorney’s fees for the immigration application
  • $1,000 in attorney’s fees for family’s application (if any family is also applying)
  • $205 + Reciprocity Fee per person US Consular fees.

What You Need to Begin the Process:

Corporation Set Up and Sale and Purchase Agreement

Consult with an Immigration Attorney in Austin:

If you will be applying for an E-2 visa to conduct business in the United States, the Austin immigration attorneys at the Law Office of William Jang, PLLC have both the resources and experience to help you navigate the application process. To discuss the particulars of your circumstances with one of our Austin immigration attorneys, please call our Austin offices at (512) 323-2333 today.

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Marlon Retana Apr 14, 2023
5.0

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