E2 Visa Ch 2 – Obligations of the Investor *
Obligations of the Investor
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The investing E2 visa alien must enter the US ’solely to develop and direct the operations of the enterprise’ on a day-to-day basis. Furthermore, the investment cannot be to purchase a minor non-controlling stake in the enterprise since under these conditions the E2 treaty investor would not be able to control and direct the enterprise, which is a requirement of the E visa.
Acquiring the enterprise by way of a gift or inheritance does not count as a qualifying E2 visa investment. However buying an enterprise from the proceeds of an inheritance would count.
E2 Visa: Source of Investment Funds
There is no requirement that the source of the E2 visa funds had to be acquired from outside of the US.
Can Investor Engage In Other Employment?
Definitely Not. The investor may not become an employee of another company without prior INS approval. The investor may expand his business interests as an investor providing that investment meets the same E2 visa criteria as the original business. The original business must be kept going.
If the E2 visa investor wishes to cease his original business enterprise and start a new enterprise then prior INS approval should be obtained. However, the investor may be sponsored for a green card from someone they might be doing business with to become an employee when the green card is approved. Generally, employment based green cards can take up to 5 years or more in some cases. If this becomes an area of interest this option can be outlined for you in detail.
US Immigration Attorney Chris M Ingram
E2 Treaty Visa – Investment Visa Specialist
Select Your Chapters Here
E2 Chapter 1 – Definitions and Eligibility
E2 Chapter 2 – Obligations of the Investor
E2 Chapter 3 – Making the Investment
E2 Chapter 4 – Making a “Substantial” Investment
E2 Chapter 5 – Job Creation
E2 Chapter 6 – Spouse and Children of Investor
E2 Chapter 7-Indefinite E2 Visa
E2 Chapter 8 – Summary
US Immigration Law Offices of Chris M. IngramUS Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Admitted in New York
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