E2 Visa FAQ and Answers for British Nationals

Q. Do I really need an E visa to live in the United States if I personal a US enterprise?

A. Unless you’re a U.S. Citizen or a U.S. Green Card holder, you must be in ownership of a valid have a visa with a purpose to enter the USA in Treaty Trader or Treaty Investor repute. Further, all a hit E visa applicants and their dependents are anticipated to offer legitimate passports so that it will be issued the visa, no matter nationality.

Q. I acquired a alternate of status inside the United States from U.S. Citizenship and Immigration Services (USCIS). Is that all that I want to present with the intention to be issued an E visa at the U.S. Embassy or U.S. Consulate?

A. No. The alternate of status absolutely allows you to remain in the United States till the expiration of the fame granted. If you’ve got been granted a exchange of reputation with the aid of USCIS and leave the U.S., you have to have an E visa in your passport which will return to the U.S. In that repute. To achieve a visa you have to motel a whole software with the ideal U.S. Embassy or U.S. Consulate. Adjudication of your case can vary from two weeks to 6 months, relying on which U.S. Embassy or U.S. Consulate is figuring out your case.

Q. How a whole lot money do I need to make investments?

A. There is no minimal amount for an investment. E-2 visa regulations nation that the investment should be enough to make certain achievement of the commercial enterprise. As exceptional kinds of agencies require one of a kind amounts of capital, the quantity you’ll need to make investments depends in your U.S. Organization.

Q. Do I sincerely have to make investments the money earlier than I apply for the visa? Can’t the USA authorities trouble me the visa first?

A. E-2 visa rules country that the funds need to be “irrevocably devoted” to the investment before the working visa hong kong may be issued. Therefore, you need to file that your investment meets this standards on the time of initial utility; this is typically accomplished through showing that the funding has already been made. Funds may be considered to be irrevocably committed, but, if they’re held in an escrow account solely contingent on the issuance of an E visa.

Q. Must the enterprise be trading at the time I hotel my E-2 visa software?

A. Yes. The applicable E-2 visa guidelines country that the corporation must be “actual and active”. Most U.S. Embassies and consular posts interpret this to intend that the commercial enterprise should be actively trading at the time your E-2 visa software is lodged.

Q. How can I in all likelihood begin a business if I do not have the visa?

A. You may also input the US in B-1 (temporary business) visa repute with a purpose to set up (not run) your business. You might not be paid inside the U.S. While in B-1 status. If your employer requires a person to control or run daily operations, you can hire individuals who are already nicely documented to paintings inside the U.S. Previous to receiving your visa. Once you have got the preliminary commitments finished, you should apply immediately for the E visa.

Q. How lengthy do I must wait earlier than I can observe for a “green card” or U.S. Citizenship?

A. An E visa is a non-immigrant visa and does not cause either a “inexperienced card” or U.S. Citizenship. You may also remain in the U.S. Most effective as long as your enterprise conforms to E visa guidelines, assuming you maintain right visa and immigration status.

Q. Do I want an immigration legal professional?

A. There is not any legal requirement which you hire an lawyer to lodge your E visa utility. While many E Visa candidates choose to preserve the offerings of an legal professional to useful resource inside the coaching of their case, others do now not. It is to your gain, however, to interact the offerings of a competent immigration lawyer or law firm this is completely familiar with the unique approaches discovered with the aid of the U.S. Embassy or U.S. Consulate in your home u . S . A .. Failure to take a look at those techniques will absolutely result in massive time delays, may also critically prejudice the final results of your case, and might bring about irreversible economic effects.

Q. Where can I get records approximately right places to invest in the U.S.?

A. Please touch our workplace for greater facts.

Q. What licenses and lets in do I want to open and run a business within the United States?

A. Licensing and permit requirements vary via country and county and with the type of business you want to perform. For particular records, you must contact the proper government offices within the locality in which you propose to begin your enterprise. Alternatively, you could hold the services of a law firm to make the desired inquiries for your behalf.

Q. I already own an E organisation and want to rent someone who is not in the U.S. Can employees of an E agency qualify for an E visa to work in my U.S. Organization?

A. To qualify for an E visa because the worker of an E business enterprise, the applicant should have the same citizenship as the proprietors of the E business enterprise. Additionally, the activity to be performed should be government or supervisory in nature, or the employee have to own capabilities that are critical to the operation of the U.S. Organization.

Q. Can my spouse and youngsters paintings inside the U.S.?

A. Effective January 16, 20002, dependent spouses of E visa holders are eligible to use for work authorization from USCIS. Children of E visa holders aren’t authorized to paintings within the United States until they independently qualify for employment authorization, along with an E, H, or L visa.

Q. My partner (or infant) uses a one of a kind surname than I do. Is that a trouble?

A. A based whose surname differs from the surname of the E visa holder must have on-hand evidence of the connection (a wedding certificate for spouses or beginning certificates for children, as an instance).

Q. Can my fiancé(e), common law or equal-intercourse accomplice accompany me?

A. Under U.S. Immigration law, a criminal marriage need to exist before one is considered to be a partner. Therefore, fiancé(e)s, not unusual law or equal-sex companions do not qualify for derivative E visa repute. Other avenues may be to be had to assist the ones applicants in this sort of state of affairs. Please contact our company for extra info.

Q. My spouse and/or children are residents of a country aside from my very own. Can they nevertheless accompany me?

A. The partner and children (defined as single and under 21 years of age) do now not need to have the equal citizenship as the fundamental applicant. However, dependents of E visa holders are required to have visas on the way to accompany the principal applicant to the U.S.

Q. Will I need to seem earlier than the U.S. Embassy or U.S. Consulate in person?

A. For all categories of visas, such as Treaty Visas, every applicant age 14 or older ought to appear for a private interview before a Consular Officer. In all cases, each applicant (consisting of the ones beneath 14 years of age), should be bodily present in the usa of utility on the time of issuance. Those applicants who are observed to be ineligible for a U.S. Visa for crook convictions, immigration violations, drug expenses, or different comparable reasons might also must seem to determine grounds of ineligibility and applicability of a waiver for such a ineligibility. In such instances the applicant ought to be prepared for a wait of up to one hundred eighty days weeks whilst eligibility is confirmed and/or a waiver requested.

Q. How long does the processing usually take?

A. Processing instances range significantly among the numerous U.S. Embassies and U.S. Consulates. For instance, the U.S. Embassy in Mexico City can system an E-2 visa case in a single week, at the same time as the U.S. Embassy in London can take in to six months to system a case. Generally speaking, if your initial submission isn’t always complete, then your case will not be officially “obtained” or it could be kicked back to permit you to offer the missing facts. Upon resubmission of the case, it’ll typically be positioned in the back of the processing queue. Please word that often an applicant’s submission will require rationalization or additional records earlier than the adjudicating officer can make a determination of eligibility. If this is the case, you (or your lawyer of report) will be notified in writing.

Q. Will it accelerate the processing if I ship my passport to the U.S. Authorities on the time that I lodge my software?

A. No. You have to now not ship passports until it’s miles asked via the U.S. Embassy or U.S. Consulate. Submitting passports early can postpone the processing of your case.

Q. I paid $one hundred.00 USD when I implemented. Why is there a further price for issuance?

A. The $a hundred.00 USD rate you paid on the time of software is known as the Machine-Readable Visa (MRV) processing charge. This non-refundable rate is charged to all applicants for non-immigrant visas no matter whether or not the application is authorised. Once your case has been accepted, there may be an additional fee for issuance of the visa. This charge is called a “reciprocity charge” and is determined by the fees that your usa of citizenship expenses U.S. Citizens for comparable visas. The E visa reciprocity fee for a Canadian citizen, for example, is currently $forty.00 USD.

Q. I’ve examine all this statistics, and I nevertheless have questions. Who can answer them?

A. Please evaluate all of the data provided on our internet site for any fashionable questions about the E-2 visa. If after reviewing the internet site, you discover that your precise questions have not been responded, we invite you to touch our office via electronic mail or via telephone.

Q. I am a citizen of the UK. Are there any unique necessities or restrictions are relevant to me?

A. The U.S. Embassy in London processes E visas for all of the United Kingdom. See the U.S. Embassy website for further info. To qualify for an E-2 Treaty Investor Visa, residents of the United Kingdom must actually live within the United Kingdom, and evidence of this have to be submitted as part of the E-2 registration and alertness procedure.

Q. I am a citizen of Australia currently dwelling in the United Kingdom. Must I resort my E-2 visa utility within the United Kingdom or in Australia?

A. A citizen of one of the other qualifying treaty countries who is resident within the United Kingdom may additionally resort an E visa application at the U.S. Embassy in London. The relevant treaty either can also or might not permit one to lodge an application in ones domestic u . S . A .. In the case of a citizen of Australia, submitting in Australia is permitted and can store good sized processing time. By comparison, a citizen of Spain dwelling in the United Kingdom isn’t presently allowed to record an E-2 visa utility in Spain. Please ring our London office for greater information about this.

Copyright 2007, Ortega-Medina & Associates Ltd. All Rights Reserved.

Author: WPSait

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