Work Permits U.S.A. - Fields of Expertises - INVESTOR VISA E-2


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INVESTOR VISA E-2

The Treaty Investor (E-2) visa is a non-immigrant visa based on the 1989 treaty agreements between the US and Canada. The E-2 Visa is issued on the basis that the applicant is entering the US for the sole purpose of developing and managing a business in which they have a vested interest and intend to supervise their investment.

As such, to qualify for this visa the applicant must have invested a substantial amount of capital within the US and have a controlling interest in the investment.

PROJECTS MINIMUM INVESTMENT REQUIRED
Less than $100,000 100%
$100,000 to $500,000 75%
$500,000 to $3,000 000 50%
$3,000 000 and more 30%

The investor will also need to demonstrate managerial skills and business acuity.
The funds used for the investment must be the visa applicants own funds, and documentary evidence will be required to prove this. These funds, however, may be in the form of loans personally guaranteed by the applicant(s) and other assets such as equipment, inventory, patent rights, royalties and other contractual rights as long as they can be objectively appraised.

Essential employees in managerial or technical capacities requiring special training and qualifications may also be granted E status. Such status may be granted if they are needed to;

  • Establish the business (Start up)
  • Train and supervise employees in technical positions
  • Continuously monitor and develop product improvement, R & D and quality control.

Spouses and dependants under 21 may also be granted E status. Spouses and children of the E-2 visa holder may obtain a visa to enter and remain in the US but will not be allowed to work.  Children may attend school in the US.
 
NEW:  E-2 spouses may apply for a work authorization.   Spouses of an E-2 visa holder can now obtain US work authorization, so that they can legally work in the US and also obtain a US social security number with all its benefits; 

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An E-2 visa for it to be approved must be well coordinated, and each step of the procedures is very important.

Step 1:
The applicant must have controlling shares which in the US means 50/50, so two (2) Canadians can invest 50/50 or a Canadian and an American can be 50/50 and of course, a Canadian can have 100% of the shares.
We will incorporate two (2) corporations:

    1. Incorporate holding company in Delaware or Nevada where many corporations in the US and the world are incorporated, so that they can benefit from certain corporate protection;
    2. Incorporate a Limited Liability Company (LLC) in the State where you will be operating, which will be owned by your holding company;
    3. For other states where you will be doing business, we will obtain a permission to do business status;

Step 2:
The U.S. authorities will not consider any cases where the investment is under $100,000 US. This does not mean that you are obligated to buy a business and invest $100,000. You do not have to buy anything.  Your investment could be a start-up business, buying 50% or more of an existing business, franchise. Any business related activities qualify.

Your business plan must reflect that you have the necessary cash flow to operate your business and pay an employee. The $100,000 can come in the form of your personal funds, a loan that you are personally responsible for, inventory and/or equipment that you intend to transfer to the United States.

Step 3:
You will need to transfer the funds of your investment into an escrow account of your operating company and you will need to demonstrate where the money comes from.  Part of the $100,000 could be your inventory and/or equipment being transferred to the U.S.. They will need to be evaluated by a third party to establish the value.

Step 4:
A detailed 5 year business plan explaining what your new business in the United States is all about.  We will assist your accountant in the preparation of your business plan.

Step 5:
For Canadian citizens a petition is sent to the U.S. Department of State at the U.S. Consulate in Toronto.  After their appraisal of your case, they will request an interview with you to discuss your business plan to see if it complies with the petition that they received.  After the interview they are authorized to issue an investor E2 visa to you the very next day. Processing time from start to finish is 60 – 90 days after they receive the petition.

Step 6:
Once you have been approved and have obtained your E-2 visa, the investment in your escrow account must be executed according to your business plan.

Step 7:
Your spouse will be able to apply to get a US work authorization and will be authorized to work in the US.  Your spouse will obtain a US social security number with all the benefits.

We will be there every step of the way!!!

 
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