Q. Do I really need an E visa to reside in the USA if I personal a US enterprise?

A. Until you’re a U.S. Citizen or a U.S. Inexperienced Card holder, you have to be in possession of a legitimate have a visa as a way to enter the USA in Treaty Dealer or Treaty Investor standing. Additional, all profitable E visa candidates and their dependents are anticipated to current legitimate passports as a way to be issued the visa, no matter nationality.

Q. I acquired a change of standing in the USA from U.S. Citizenship and Immigration Providers (USCIS). Is that each one that I must current as a way to be issued an E visa on the U.S. Embassy or U.S. Consulate?

A. No. The change of standing merely permits you to stay in the USA till the expiration of the standing granted. When you have been granted a change of standing by USCIS and depart the U.S., you should have an E visa in your passport as a way to return to the U.S. in that standing. To acquire a visa you should lodge an entire utility with the suitable U.S. Embassy or U.S. Consulate. Adjudication of your case can differ from two weeks to 6 months, relying on which U.S. Embassy or U.S. Consulate is deciding your case.

Q. How a lot cash do I would like to take a position?

A. There isn’t a minimal quantity for an funding. E-2 visa laws state that the funding have to be adequate to make sure success of the enterprise. As various kinds of companies require totally different quantities of capital, the quantity you’ll need to take a position is dependent upon your U.S. enterprise.

Q. Do I actually have to take a position the cash earlier than I apply for the visa? Cannot the USA authorities situation me the visa first?

A. E-2 visa laws state that the funds have to be “irrevocably dedicated” to the funding earlier than the visa could also be issued. Subsequently, you should doc that your funding meets this standards on the time of preliminary utility; that is often completed by displaying that the funding has already been made. Funds could be thought-about to be irrevocably dedicated, nevertheless, if they’re held in an escrow account solely contingent on the issuance of an E visa.

Q. Should the enterprise be buying and selling on the time I lodge my E-2 visa utility?

A. Sure. The related E-2 visa laws state that the enterprise have to be “actual and lively”. Most U.S. Embassies and consular posts interpret this to imply that the enterprise have to be actively buying and selling on the time your E-2 visa utility is lodged.

Q. How can I presumably begin a enterprise if I haven’t got the visa?

A. It’s possible you’ll enter the USA in B-1 (momentary enterprise) visa standing as a way to arrange (not run) your small business. You will not be paid within the U.S. whereas in B-1 standing. In case your enterprise requires somebody to handle or run day by day operations, chances are you’ll rent people who’re already correctly documented to work within the U.S. previous to receiving your visa. After you have the preliminary commitments accomplished, you must apply instantly for the E visa.

Q. How lengthy do I’ve to attend earlier than I can apply for a “inexperienced card” or U.S. citizenship?

A. An E visa is a non-immigrant visa and doesn’t result in both a “inexperienced card” or U.S. Citizenship. It’s possible you’ll stay within the U.S. solely so long as your small business conforms to E visa laws, assuming you keep correct visa and immigration standing.

Q. Do I would like an immigration lawyer?

A. There isn’t a authorized requirement that you simply rent an lawyer to lodge your E visa utility. Whereas many E Visa candidates select to retain the providers of an lawyer to assist within the preparation of their case, others don’t. It’s to your benefit, nevertheless, to have interaction the providers of a reliable immigration lawyer or regulation agency that’s absolutely accustomed to the precise procedures noticed by the U.S. Embassy or U.S. Consulate in your house nation. Failure to watch these procedures will definitely lead to important time delays, could severely prejudice the end result of your case, and will lead to irreversible monetary penalties.

Q. The place can I get details about good locations to put money into the U.S.?

A. Please contact our workplace for extra info.

Q. What licenses and permits do I must open and run a enterprise in the USA?

A. Licensing and allow necessities differ by state and county and with the kind of enterprise you want to function. For particular info, you must contact the suitable authorities workplaces within the locality the place you propose to begin your small business. Alternatively, chances are you’ll retain the providers of a regulation agency to make the required inquiries in your behalf.

Q. I already personal an E firm and need to make use of somebody who is just not within the U.S. Can workers of an E firm qualify for an E visa to work in my U.S. enterprise?

A. To qualify for an E visa as the worker of an E firm, the applicant should have the identical citizenship because the house owners of the E firm. Moreover, the job to be carried out have to be government or supervisory in nature, or the worker should possess expertise that are important to the operation of the U.S. enterprise.

Q. Can my partner and kids work within the U.S.?

A. Efficient January 16, 20002, dependent spouses of E visa holders are eligible to use for work authorization from USCIS. Youngsters of E visa holders usually are not permitted to work in the USA until they independently qualify for employment authorization, equivalent to an E, H, or L visa.

Q. My partner (or youngster) makes use of a unique surname than I do. Is that an issue?

A. A dependent whose surname differs from the surname of the E visa holder ought to have on-hand proof of the connection (a wedding certificates for spouses or beginning certificates for kids, for instance).

Q. Can my fiancé(e), frequent regulation or same-sex associate accompany me?

A. Underneath U.S. immigration regulation, a authorized marriage should exist earlier than one is taken into account to be a partner. Subsequently, fiancé(e)s, frequent regulation or same-sex companions don’t qualify for spinoff E visa standing. Different avenues could also be accessible to help these candidates in such a state of affairs. Please contact our agency for extra particulars.

Q. My partner and/or youngsters are residents of a rustic apart from my very own. Can they nonetheless accompany me?

A. The partner and kids (outlined as single and beneath 21 years of age) don’t must have the identical citizenship because the principal applicant. Nonetheless, dependents of E visa holders are required to have visas as a way to accompany the principal applicant to the U.S.

Q. Will I’ve to look earlier than the U.S. Embassy or U.S. Consulate in particular person?

A. For all classes of visas, together with Treaty Visas, every applicant age 14 or older should seem for a private interview earlier than a Consular Officer. In all circumstances, every applicant (together with these beneath 14 years of age), have to be bodily current within the nation of utility on the time of issuance. These candidates who’re discovered to be ineligible for a U.S. visa for prison convictions, immigration violations, drug costs, or different related causes could have to look to find out grounds of ineligibility and applicability of a waiver for any such ineligibility. In such circumstances the applicant have to be ready for a wait of as much as 180 days weeks whereas eligibility is confirmed and/or a waiver requested 미국취업이민.

Q. How lengthy does the processing usually take?

A. Processing occasions differ significantly between the assorted U.S. Embassies and U.S. Consulates. For instance, the U.S. Embassy in Mexico Metropolis can course of an E-2 visa case in a single week, whereas the U.S. Embassy in London can take as much as 6 months to course of a case. Usually talking, in case your preliminary submission is just not full, then your case is not going to be formally “acquired” or it could be kicked again to assist you to present the lacking info. Upon resubmission of the case, it’s going to typically be positioned behind the processing queue. Please observe that incessantly an applicant’s submission would require clarification or further info earlier than the adjudicating officer could make a willpower of eligibility. If so, you (or your lawyer of report) shall be notified in writing.

Q. Will it pace up the processing if I ship my passport to the U.S. authorities on the time that I lodge my utility?

A. No. You shouldn’t ship passports till it’s requested by the U.S. Embassy or U.S. Consulate. Submitting passports early can delay the processing of your case.

Q. I paid $100.00 USD after I utilized. Why is there an extra price for issuance?

A. The $100.00 USD price you paid on the time of utility is named the Machine-Readable Visa (MRV) processing price. This non-refundable price is charged to all candidates for non-immigrant visas no matter whether or not the applying is permitted. As soon as your case has been permitted, there could also be an extra price for issuance of the visa. This price is named a “reciprocity price” and is decided by the charges that your nation of citizenship costs U.S. residents for related visas. The E visa reciprocity price for a Canadian citizen, for instance, is at present $40.00 USD.

Q. I’ve learn all this info, and I nonetheless have questions. Who can reply them?

A. Please assessment the entire info offered on our web site for any common questions concerning the E-2 visa. If after reviewing the web site, you discover that your particular questions haven’t been answered, we invite you to contact our workplace by electronic mail or by phone.

Q. I’m a citizen of the UK. Are there any particular necessities or restrictions are relevant to me?

A. The U.S. Embassy in London processes E visas for the entire United Kingdom. See the U.S. Embassy web site for additional particulars. To qualify for an E-2 Treaty Investor Visa, residents of the UK should truly reside in the UK, and proof of this have to be submitted as a part of the E-2 registration and utility course of.

Q. I’m a citizen of Australia presently residing in the UK. Should I lodge my E-2 visa utility in the UK or in Australia?

A. A citizen of one of many different qualifying treaty international locations who’s resident in the UK could lodge an E visa utility on the U.S. Embassy in London. The related treaty both could or could not permit one to lodge an utility in ones dwelling nation. Within the case of a citizen of Australia, submitting in Australia is permitted and will save important processing time. In contrast, a citizen of Spain residing in the UK is just not presently allowed to file an E-2 visa utility in Spain. Please ring our London workplace for extra particulars about this.