The E-2 Visa Application Timeline
When you partner with us, we do everything possible to customize the timeline based on your situation. Keep in mind, however, that there is a standard legal process for everyone who applies for the E-2 visa. What we normally do first is to immediately establish your business once you decide you are ready to move forward with an E-2 Visa. This means choosing a business name, submitting the necessary filings, getting your EIN, and opening your bank accounts so that you have a clear legal structure for your business to begin operating.
Once this has been done, your case will move into a document collection phase. Here, we gather all documents necessary to start putting together your visa application, including documents regarding your business information, the source and control over your funds, your investment, and personal documentation like passports, IDs, and birth certificates to prove that you're eligible to apply for the visa. Since there is typically a lot of paperwork we have to collect, we focus on just a few things at a time and give you a week or two to collect each document before moving on to the next step. When all is said and done, we'll spend maybe a month or two on this phase before the time comes to submit everything to the embassy for review. The speed at which we move is customizable for your situation. We can move faster or slower according to your preferences.
Family Members And The E2 Visa
As I’ve mentioned earlier in this book, one of the significant advantages of the E-2 visa is the ability to bring your immediate family with you to the United States. “Immediate Family” means your spouse and children under the age of 21 can accompany you. Here's how it works:
- Your spouse is automatically granted work authorization, which means they can live in the United States and work for any U.S. employer they choose. They are not restricted to employment within the E-2 business and can pursue almost any job opportunity they wish.
- Your children can attend school in the United States. However, it's important to note that they are not authorized to work and won’t receive a Social Security Number. Depending on your children's age, this can be a big deal.
It's also important to be aware that once your children reach the age of 21, their E-2 status will automatically terminate. Therefore, if they are approaching this age, you should consider their future plans and the necessary steps they need to take independently. We can assist you in planning.
Common Pitfalls To Avoid
You can apply for an E-2 visa in two different ways: (1) when you are still in your home country, or, (2) you are already in the United States. Maybe you're here as a student or tourist, and you simply want to stay here. If that's the situation, you would be applying for a change of status. It's important to realize – and this is one of the pitfalls -- if you do that, you don't receive a VISA; you only change your status. You will remain in the United States legally to work and do everything, but you won't have an E-2 visa. This is important because if you leave the United States, you won't have a visa to re-enter the United States.
What I always recommend people do is, if possible, return home and apply for an E-2 visa from there. Doing this means you'll process approved – through a U.S. embassy, where visas are issued. In that case, you'll get a physical visa in your passport, your magic ticket. Once you have the visa, you can enter the U.S. After you arrive and start running your business, you may realize you want to go home for a holiday or because a family member is sick. With the actual E-2 visa, you have the freedom to travel abroad and return to the United States as much as you need to. This is something that people often mess up.
Another common pitfall is making the actual investment for your visa. Many people think that if they just open up a U.S. bank account for their business and deposit a lot of money in it, that will serve as sufficient proof that they have made an investment. Although this is a good start, it will not be enough to get your visa approved. You have to actually spend the money and it really has to be put at risk. If you're going to get approved for the E-2, it's important that you purchase things for the business, including inventory, furniture, an office, or a vehicle, for example. You need to show that you're actually using that money for purposes related to the business. Hiring a skilled immigration attorney should open your eyes to that critical difference in how you apply for the visa and the investment you are required to make for it. In addition, there are ways to legally put your money “at risk” for E2 visa approval, but which also help you retain peace of mind over your invested funds so that you do not “lose” the money. We will help guide you through this process so that your money is safe.
For more information on The Immigration Process For Foreign Entrepreneurs, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 306-7833 today.
