Are You Applying for an E-2 Visa? Make Sure to Ask Your Attorney These 3 Questions!

From gathering paperwork to filling out forms, we know just how overwhelming it can be to apply for an E-2 visa. Once you add work, family, and everything in between, it can get pretty chaotic! Aside from taking each day at a time, there is something you can do to make the visa process more efficient: make the most of your time with your attorney.

Using our 12+ years of experience writing visa business plans, we have pinpointed three critical questions that clients should always ask their attorneys. Knowing the answers to these questions upfront will help clarify your path forward and save you valuable time when creating your visa business plan.

Question #1: Based on my business model, what investment amount do you feel comfortable with?

E-2 law requires the treaty investor to invest an amount of capital that is substantial in relationship to the cost of the enterprise,[1] leaving the exact amount open to the discretion of your attorney. Because each immigration lawyer has a different approach, it is crucial that you follow the guidance of your legal counsel.

Question #2: What percentage of my total investment must be invested by the time my E-2 petition is filed?

Although E-2 law requires the treaty investor to have invested or be actively in the process of investing a substantial amount of capital in a U.S. business [2], it does not provide a specific percentage. It is up to your attorney to determine what portion of the investment should be committed by the time you apply for your E-2 visa, so be sure to ask this question right away.

Question #3: Can I operate my company from home or use a virtual office?

While virtual work is becoming more commonplace, this point has the potential to raise eyebrows among immigration and consular officers. Don’t forget to ask your attorney this question to make sure you are 100% aligned with their legal strategy.

Overall, asking these questions in advance can help you reach your immigration objective and move effectively through the process of obtaining an E-2 visa. Knowing your legal counsel’s position in reference to the questions above will also help you move more quickly and efficiently as you craft your visa business plan.