Applying For The E2 US Investor Visa (Counselor Process)
To apply for an E2 US investor visa, you must first establish that the
enterprise meets the requirements of law. You may also be required to
provide evidence, which demonstrates that your stay in the U.S. will be
temporary. Your E2 visa application documents must include:
The Duration is varying from from3 to 6 months and also depends on the availability of the Visa Appointment in US Embassy
A. Attorney Fee & Business Plan
B. Fee $190 per person (Counselor Process)
C. A copy of your passport which is valid for at least six months beyond the
period of stay in the U.S. and with at least one blank page
D. Passport style color photograph showing full face without head covering
against a light background. You may wear a headdress if required by a
religious order of which you are a member
E. Business Plan outlining future investment scheme
F. Your curriculum vitae
G. Evidence that you will be employed in a supervisory or executive capacity,
or possess highly specialized skills essential to the efficient operation of the
firm
H. Evidence of possession and control of investment funds (bank records,
financial statements, loans, savings, or promissory notes)
I. Evidence of remittance to the U.S. (bank drafts, transfers exchange permits
or receipts.)
J. Evidence of establishment of business in the U.S. (articles of incorporation,
partnership agreement, organization and staffing charts, shares, titles,
contracts, receipts, licenses or leases.)
K. Evidence of the nationality of the investors (passports, articles of
incorporation of parent company or stock exchange listings.)
L. Evidence of investment in the U.S. (titles, receipts, contracts, loans or bank
statements.)
M. Evidence of substantiality (financial statements, audits, U.S. corporate or
business tax returns.)
N. Evidence that the enterprise is not marginal (payroll records, IRS Form 941,
personal tax returns, evidence of other personal assets and income)
O. Evidence that the business is a real, operating enterprise (annual reports,
catalogs, sales literature, news articles, and other evidence as appropriate)
Hire U.S. Workers: One of the requirements of the E-2 visa is that the investor hire U.S. workers.
Ideally, you should stick to the hiring plan included on the business plan that was submitted with your
initial application but as long as you have hired some U.S. workers (e.g. 3 full-time workers) you can
argue that you have met the requirement for a renewal. If hiring has not gone as planned and you did
not hire any workers, you will have to include an explanation in your renewal application explaining why
this happened and what you will do to remedy the situation. The success of this approach would depend
on the facts and circumstances and also how long you had the visa for. For example, if your visa had
only been issued for one year, you would have less explaining to do than if the visa was issued for 5
years. Sometimes situations arise wherein the investor has to let certain employees go or employees
decide to leave. In this case, make sure that you adequately explain the situation and indicate how your
future hiring plan supports your overall vision for the company.
• Provide Updated Financial Data: A 5-year business plan is one of the key documents that is included
in the initial E-2 visa application. This is also one of the key documents that an immigration officer
expects to see in an E-2 visa renewal application if the company has not hired U.S. workers. In addition
to looking at the hiring plan to see what the plan is to hire U.S. workers in the future, the Government
will also look at the following:
1. Revenue Targets: Have you met your revenue targets? Most Consulates will want company tax
returns submitted with a renewal application that show company performance over time. If tax
returns are not available, you can provide other financial information (e.g. audited financial
statements, bank statements, other financial data) to show company performance. Ideally, the
immigration officer would like to see that you have met or surpassed your revenue targets but
at least that the company continues to be viable and will be able to sustain U.S. workers. If the
company has losses or the viability is in question, it will be important to provide an explanation
as to why the targets have not been met and how the company plans to remedy this. For
example, if there were any unforeseen but necessary expenditures that were made, this should
be included in the explanation. It is also important to highlight that while the revenue is lower
than anticipated, the company still made enough money to pay vendors and employees, and
turn a small profit, if that were the case.
2. Success of Marketing and Sales Plan: Was your marketing and sales plan effectively executed
and how will your future plan improve business? The reviewing immigration officer would like to
see that you followed your marketing and sales plan to success. Providing concrete
documentation to show the success (e.g. customer reviews, ratings from Better Business
Bureau, etc.) can help a renewal. On the other hand, if you have not followed your marketing
and sales plan since opening the business, provide an explanation as to the reasons for the
change (e.g. better return on investment with another marketing campaign, etc.) and your plan
to turn things around.
3. Address and Business Changes: When you apply for an E-2 visa renewal, your business should
be similar to the one that you put forth in your initial application. If your business and the
operations has substantively changed, you should also consult with an immigration attorney as
you will have to notify immigration, which may involve filing a new application.
Provide Updated Proof of a Real and Operating Enterprise: The immigration officer reviewing your
application will likely want to see any updates on your business in terms of the Real and Operating
requirement. They want to see a business that has progressed instead of a business that is stagnant.
Some of the items to include in the application are: updated website and social media pages, copies of
online reviews, additional licenses/permits/certifications, updated lease, business bank statements,
company tax returns, W-2 forms, invoices and proofs of payment for additional expenditures, and
others. Click here for our blog post regarding the Real and Operating requirement.
• Make Sure You Still Meet the E-2 Visa Requirements: Make sure that you remain eligible for the E-2
visa, such as making sure that the company remains at least 50% owned by a treaty national with the
same nationality as the E-2 visa holder. For a complete list of E-2 visa requirements
To apply for an E2 US investor visa, you must first establish that the
enterprise meets the requirements of law. You may also be required to
provide evidence, which demonstrates that your stay in the U.S. will be
temporary. Your E2 visa application documents must include:
The Duration is varying from from3 to 6 months and also depends on the availability of the Visa Appointment in US Embassy
A. Attorney Fee & Business Plan
B. Fee $190 per person (Counselor Process)
C. A copy of your passport which is valid for at least six months beyond the
period of stay in the U.S. and with at least one blank page
D. Passport style color photograph showing full face without head covering
against a light background. You may wear a headdress if required by a
religious order of which you are a member
E. Business Plan outlining future investment scheme
F. Your curriculum vitae
G. Evidence that you will be employed in a supervisory or executive capacity,
or possess highly specialized skills essential to the efficient operation of the
firm
H. Evidence of possession and control of investment funds (bank records,
financial statements, loans, savings, or promissory notes)
I. Evidence of remittance to the U.S. (bank drafts, transfers exchange permits
or receipts.)
J. Evidence of establishment of business in the U.S. (articles of incorporation,
partnership agreement, organization and staffing charts, shares, titles,
contracts, receipts, licenses or leases.)
K. Evidence of the nationality of the investors (passports, articles of
incorporation of parent company or stock exchange listings.)
L. Evidence of investment in the U.S. (titles, receipts, contracts, loans or bank
statements.)
M. Evidence of substantiality (financial statements, audits, U.S. corporate or
business tax returns.)
N. Evidence that the enterprise is not marginal (payroll records, IRS Form 941,
personal tax returns, evidence of other personal assets and income)
O. Evidence that the business is a real, operating enterprise (annual reports,
catalogs, sales literature, news articles, and other evidence as appropriate)
Hire U.S. Workers: One of the requirements of the E-2 visa is that the investor hire U.S. workers.
Ideally, you should stick to the hiring plan included on the business plan that was submitted with your
initial application but as long as you have hired some U.S. workers (e.g. 3 full-time workers) you can
argue that you have met the requirement for a renewal. If hiring has not gone as planned and you did
not hire any workers, you will have to include an explanation in your renewal application explaining why
this happened and what you will do to remedy the situation. The success of this approach would depend
on the facts and circumstances and also how long you had the visa for. For example, if your visa had
only been issued for one year, you would have less explaining to do than if the visa was issued for 5
years. Sometimes situations arise wherein the investor has to let certain employees go or employees
decide to leave. In this case, make sure that you adequately explain the situation and indicate how your
future hiring plan supports your overall vision for the company.
• Provide Updated Financial Data: A 5-year business plan is one of the key documents that is included
in the initial E-2 visa application. This is also one of the key documents that an immigration officer
expects to see in an E-2 visa renewal application if the company has not hired U.S. workers. In addition
to looking at the hiring plan to see what the plan is to hire U.S. workers in the future, the Government
will also look at the following:
1. Revenue Targets: Have you met your revenue targets? Most Consulates will want company tax
returns submitted with a renewal application that show company performance over time. If tax
returns are not available, you can provide other financial information (e.g. audited financial
statements, bank statements, other financial data) to show company performance. Ideally, the
immigration officer would like to see that you have met or surpassed your revenue targets but
at least that the company continues to be viable and will be able to sustain U.S. workers. If the
company has losses or the viability is in question, it will be important to provide an explanation
as to why the targets have not been met and how the company plans to remedy this. For
example, if there were any unforeseen but necessary expenditures that were made, this should
be included in the explanation. It is also important to highlight that while the revenue is lower
than anticipated, the company still made enough money to pay vendors and employees, and
turn a small profit, if that were the case.
2. Success of Marketing and Sales Plan: Was your marketing and sales plan effectively executed
and how will your future plan improve business? The reviewing immigration officer would like to
see that you followed your marketing and sales plan to success. Providing concrete
documentation to show the success (e.g. customer reviews, ratings from Better Business
Bureau, etc.) can help a renewal. On the other hand, if you have not followed your marketing
and sales plan since opening the business, provide an explanation as to the reasons for the
change (e.g. better return on investment with another marketing campaign, etc.) and your plan
to turn things around.
3. Address and Business Changes: When you apply for an E-2 visa renewal, your business should
be similar to the one that you put forth in your initial application. If your business and the
operations has substantively changed, you should also consult with an immigration attorney as
you will have to notify immigration, which may involve filing a new application.
Provide Updated Proof of a Real and Operating Enterprise: The immigration officer reviewing your
application will likely want to see any updates on your business in terms of the Real and Operating
requirement. They want to see a business that has progressed instead of a business that is stagnant.
Some of the items to include in the application are: updated website and social media pages, copies of
online reviews, additional licenses/permits/certifications, updated lease, business bank statements,
company tax returns, W-2 forms, invoices and proofs of payment for additional expenditures, and
others. Click here for our blog post regarding the Real and Operating requirement.
• Make Sure You Still Meet the E-2 Visa Requirements: Make sure that you remain eligible for the E-2
visa, such as making sure that the company remains at least 50% owned by a treaty national with the
same nationality as the E-2 visa holder. For a complete list of E-2 visa requirements
Ya le saqué el jugo a la sala vip de Avianca ahora en la tarde voy para la de Lufthansa (es la Cibeles o algo así).
