The E-2 Treaty Investor Visa provides a pathway for foreign nationals to invest in and operate businesses in the United States. However, eligibility for this visa is strictly regulated, and many applicants face challenges due to specific ineligibility criteria. Entrepreneurs and investors seeking to establish or expand their presence in the U.S. must understand these restrictions before pursuing an application. Delays or outright rejections may result from procedure errors, such as applying from a non-treaty country or failing to reach investment thresholds. Given the complexity of U.S. immigration laws, professional legal guidance is often necessary to avoid costly mistakes.
Based in Huntingdon Valley, PA, Voloshen Law Firm P.C. offers skilled legal assistance to people and companies having trouble getting through the E-2 visa application process. With in-depth knowledge of immigration law and an excellent record of assisting clients with visa applications, appeals, and related matters, our firm makes sure that applicants fully understand their options before proceeding. For those uncertain about their E-2 visa eligibility, consulting a knowledgeable immigration attorney can be the key to making informed decisions and avoiding common pitfalls.
An Overview of E-2 Visa
The E-2 visa is designed for foreign investors who seek to develop and manage a business in the United States. To qualify, applicants must be citizens of a country that has a valid treaty of commerce with the U.S. The investment must be substantial, meaning it is sufficient to make sure the success and operation of the business. Passive investments, such as purchasing real estate without active business involvement, do not meet the eligibility criteria.
This visa is typically granted for the initial five years, with the possibility of indefinite renewals as long as the business remains operational and continues to meet the requirements. Unlike other visa categories, the E-2 does not provide a direct path to permanent residency, but it does allow for extended stays and business growth opportunities in the U.S. Applicants must demonstrate that their business venture is viable and will contribute to the U.S. economy.
Who Is Ineligible for an E-2 Visa?
Several factors can prevent an applicant from qualifying for an E-2 visa. The U.S. government has strict requirements, and failure to meet any of them can result in a denial. Below are the primary reasons why an individual may be ineligible:
1. Non-Treaty Country Nationals
Only citizens of countries that have a valid treaty of commerce and navigation with the United States can apply for an E-2 visa. Individuals from non-treaty countries do not qualify. The U.S. Department of State maintains the list of eligible countries, and applicants must verify that their country is included before pursuing an E-2 visa.
2. Insufficient Investment
The investment amount must be large enough to make the business operational and profitable. While there is no legally defined minimum, investments below $100,000 are often considered inadequate. The USCIS evaluates whether the amount is proportionate to the total cost of establishing and running the business. If an investment is too low to cover operational expenses and business growth, the application may be denied.
3. Marginal Enterprises
A business must generate more than just enough income for the investor and their family. If the business is unlikely to expand, hire U.S. workers, or contribute meaningfully to the economy, it is considered marginal. Businesses that fail to demonstrate growth potential or long-term sustainability do not qualify for an E-2 visa.
4. Lack of Active Involvement
E-2 investors must actively manage and direct the business. Passive investors, such as those who provide capital without engaging in day-to-day operations, do not qualify. The applicant must have at least 50% ownership or hold a managerial role that allows them to make strategic business decisions.
5. Unclear Intent to Depart
The E-2 visa is a non-immigrant visa, which means the applicant must intend to leave the U.S. when their status expires. Applicants who fail to demonstrate strong ties to their home country or who appear to be using the E-2 visa as a pathway to permanent residency may face denial. Consular officers assess whether the applicant has a clear plan to return to their home country.
6. Criminal Background
Applicants with a criminal record may be ineligible for an E-2 visa. Crimes involving fraud, theft, drug offenses, or other violations of U.S. immigration laws can lead to automatic disqualification. Each case is reviewed individually, and certain offenses may require a waiver before an applicant can be considered.
These ineligibility factors highlight the importance of thorough preparation before applying for an E-2 visa. Working with an immigration attorney can help address potential issues and improve the chances of a successful application.
How an Immigration Attorney Can Help You Obtain an E-2 Visa
Immigration attorneys are the bridge between you and your U.S. investment dream.
The application process can be complex, requiring extensive documentation and a strategic approach to meet eligibility requirements. An experienced immigration attorney can provide valuable assistance throughout the process, increasing your chances of approval.
1. Determining Eligibility
Not all nationalities qualify for an E-2 visa. An immigration attorney can assess your eligibility based on your country of citizenship, investment amount, and business type to determine if you meet the requirements.
2. Structuring the Investment
The U.S. government requires that E-2 visa applicants make a “substantial investment” in a bona fide business. An attorney can help you structure your investment properly, ensuring it meets the required standards and is not considered “marginal.”
3. Preparing a Strong Business Plan
A well-documented business plan is critical for an E-2 visa application. An attorney can work with financial professionals to create a detailed plan demonstrating job creation, business viability, and projected growth.
4. Organizing and Submitting Documentation
The E-2 visa application requires extensive documentation, including proof of investment, business registration, and legal business operations. An immigration attorney ensures all paperwork is correctly prepared and submitted to avoid delays or denials.
5. Managing the Application Process
From filing the petition to scheduling an interview at the U.S. consulate, an attorney can guide you through each step of the process. They will also prepare you for the visa interview by anticipating questions and ensuring you present a compelling case.
6. Handling Requests for Evidence (RFE) or Denials
If the USCIS requests additional evidence or denies your application, an attorney can respond effectively, addressing concerns and strengthening your case.
7. Assisting with Renewals and Compliance
As long as the firm is in existence, E-2 visas can be renewed indefinitely after the initial period, which is usually two to five years. An attorney helps to make sure ongoing compliance with visa requirements and assists with renewals when necessary.
If you’re considering applying for an E-2 visa, consulting with an experienced immigration lawyer in Philadelphia can be one of the best investments you can make in your business and future in the U.S.
Voloshen Law Firm: Your Trusted Immigration Attorneys
Voloshen Law Firm provides complete immigration legal services, including agency-based representation and litigation across the United States.
The firm has a solid reputation for devoted advocacy and is led by seasoned immigration and deportation defense lawyer Igor A. Voloshen. New Jersey-licensed Voloshen is permitted to practice in federal court. He was named among the Top 40 Immigration Lawyers Under 40 in Pennsylvania (2017) and the Top 100 Immigration Lawyers by the National Advocates (2016). He has been named “Client’s Choice” by Avvo.com, which gives him a 9.7 “Superb” rating.
Clients praise the firm’s responsiveness, efficiency, and in-depth legal knowledge, often highlighting its commitment to achieving favorable outcomes. The firm represents clients before USCIS, Immigration Courts, the Board of Immigration Appeals, and Federal Courts, handling a range of cases, from visas and green card applications to deportation defense.
For those seeking experienced immigration attorneys in Philadelphia and beyond, Voloshen Law Firm delivers knowledgeable, results-driven legal support.
Comprehensive Immigration Services
Our firm offers a full range of immigration services, ensuring clients receive knowledgeable legal support tailored to their unique circumstances. Whether facing deportation proceedings or seeking a path to U.S. citizenship, our attorneys provide dedicated representation and strategic guidance.
- Deportation Defense: We advocate for individuals in removal proceedings, working to safeguard their legal rights and explore all available defenses. Before the Board of Immigration Appeals (BIA) and federal courts, our firm handles cases pertaining to cancellation of removal, waivers, asylum petitions, and immigration appeals.
- Asylum and Refugee Protection: For those fleeing persecution in their home countries, we offer all-encompassing assistance in preparing asylum applications, gathering supporting evidence, and representing clients in asylum interviews and immigration court hearings. We work to secure protection under U.S. asylum laws while addressing the complexities of each case.
- Naturalization and Citizenship: Exploring the path to U.S. citizenship can be challenging, but our firm simplifies the process by helping clients determine eligibility, complete necessary forms, and prepare for citizenship interviews and tests. We also assist with overcoming barriers such as prior criminal records or extended absences from the U.S.
- Family-Based Immigration: Keeping families together is a priority. We assist U.S. citizens and lawful permanent residents in petitioning for relatives, guiding them through visa applications, adjustment of status, consular processing, and waivers if necessary. Our goal is to streamline the process and minimize delays so families can reunite as quickly as possible.
Our firm is committed to providing empathetic, results-driven immigration legal services to individuals and families seeking security, stability, and new opportunities in Philadelphia.
Why Choose Voloshen Law Firm?
Voloshen Law Firm is known for its professionalism, integrity, and client-focused approach.
At Voloshen Law Firm, we are dedicated to providing trusted legal representation with a personalized approach. Our experienced immigration lawyers take the time to understand each client’s unique circumstances, crafting strategic solutions tailored to their immigration needs.
- Proven Experience: With years of handling complex immigration cases, our team has successfully represented clients in deportation defense, asylum claims, family-based petitions, and citizenship applications. We navigate complex immigration laws to help achieve the best possible outcomes.
- Personalized Attention: Unlike larger firms, we prioritize individualized service, ensuring every client receives direct access to an experienced attorney who will guide them at every stage of the process. We treat our clients with respect, offering full attention, personal service, and reasonable fees.
- Strong Advocacy: Whether in court, before USCIS, or during appeals, we are dedicated to protecting our clients’ rights and pursuing favorable resolutions.
- Virtual Immigration Consultation: We understand that accessibility is very important, which is why we offer virtual consultations. This allows clients to receive legal guidance from the comfort of their homes, ensuring quick access to an experienced and knowledgeable attorney.
- Recognition and Trust: Our firm and attorneys have received industry accolades, including distinctions from Avvo and The National Advocates, reflecting our commitment to excellence in immigration law.
Beyond Igor A. Voloshen, our dedicated legal team includes skilled professionals who bring extensive knowledge and experience to every immigration matter. We are proud of the solid bonds we establish with our clients, and we are gratified that most of our cases are referred to by previous customers who have personally witnessed our trustworthy and successful representation.
Going through the complexities of the immigration process can be overwhelming, but with Voloshen Law Firm by your side, you gain a trusted legal partner dedicated to your success.
Secure Your Future with Expert Immigration Guidance
Your U.S. Investment goal is in safe hands with Voloshen Law Firm
Being aware of the E-2 visa eligibility requirements and potential ineligibility factors is critical for investors looking to establish or expand their business in the United States. If you have questions about the E-2 visa or any other immigration matters, Voloshen Law Firm is here to help. Our skilled lawyers of immigration are dedicated to meeting your immigration needs with individualized solutions and reliable legal advice. Whether you are seeking an investor visa, family-based immigration assistance, deportation defense, or citizenship guidance, we are ready to assist you in comprehending the complexities of U.S. immigration law.
At Voloshen Law Firm, we understand that every immigration case is unique, and we take the time to assess your situation thoroughly to develop the best strategy for your success. With a proven track record and a client-focused approach, we are dedicated to achieving positive outcomes for individuals, families, and businesses across the United States.To schedule a consultation or speak with one of our knowledgeable attorneys, reach out to us today at (215) 437-7854 or igor@voloshenlaw.com.