Providing comprehensive information and services for careful E-2/E-1 visa investors
[Q] What is the most common misunderstanding people have about E visa consular processing?
One thing it should be noted about consular processing of E visas is that a different adjudicating consular officer can make a huge difference on whether your case will be approved or denied. Even though most consular officers decide E visa cases similarly, time to time, new consular officers get rotated to E visa cases for training purposes or other purposes -- which is fine -- but sometimes they really do not have sufficient experience and knowledge of FAM and regulations governing E visas. As a result, I have seen them issue totally weird denials.Read more
[Q] Where an employee is applying for an E visa, what nationality must he possess?
The employee applicant must possess the same nationality as the U.S. based E-2 enterprise. Therefore, if the U.S. based E-2 enterprise is owned by a foreign company, the applying employee must possess the nationality of the majority shareholders of the foreign company. The applying does not have to possess the same nationality as the CEO of the U.S. based E-2 enterprise unless the CEO is the majority shareholder of the U.S. based E-2 enterprise. CEO also is an employee, not necessarily the owner.
[Q] Where a spouse (wife) is applying for a E-2 spouse visa, what are things to watch out for?
Assuming that the wife is applying for E-2 spouse visa based on an already-approved E-2 visa for the principal applicant (husband), the consular officer can always review the facts again and also require that the wife prove that she really is a bona-fide wife by asking for wedding photos, invitations, etc.
It appears EB-5 case precedents and/or EB-5 laws are being cited to deny E-2 cases
Recently, there appears to be more and more instances where EB-5 law and cases are being cited by USCIS examiners in denying E-2 extension cases, including but not limited to, Matter of Ho precedent AAO case. This kind of language in a RFE is very strange, as the Matter of Ho specifically dealt with a pending I-526 immigrant petition, whereas an E-2 EOS is a nonimmigrant extension application. USCIS should not be using a precedent case for EB-5 law for a nonimmigrant application because they are two different areas of law.
[Q] What happens when the principal E-2 visa/status holder dies? What can the spouse do?
There is no grace period, so that legally speaking, when the principal E-2 holder died, her status as E-2 dependent disappeared! But if her I-94 stay is still valid, she is not accruing any unlawful presence.
What she should have done or should do now is to try to get herself as the E-2 principal. Or she can try to pursue green card route.
DOS confirms that Denmark is both E-2 and E-1 treaty country
The State Department has confirmed that it will update the DOS Reciprocity Schedule to reflect that E-2 treaty also became effective on December 10, 2008.
[Q] Can you apply E-2 visa for a chef as an essential employee?
Yes, but depending on consuls who might decide that the position can be done by a U.S. worker who can be trained, especially if multiple chefs are applying for E-2 visas for the same restaurant. Review 9 FAM 41.51 N14.3 for further guidance. Lastly, consider applying for an E-2 managerial position if the chef will have a managerial responsibilities.
[Q] I am new to your website and am considering E-2/E-1 visa. Which sections should I review?
If you are new to our website, we first recommend you to read the "Easy as E-2" section at http://www.e-2california.com/easy_as_e2 to understand the key E-2/E-1 concepts, as well as the "Process" section at http://www.e-2california.com/e2_process to understand the basic procedural steps involved in steps that an E-2 investor need to take. If you believe these materials to be helpful, then you should register as a registered user, which will allow you to use the "Search" feature on the top right location and then to be able to view attached files.Read more
[Q] Do I need to get a petition approved from USCIS before I can interview with a consular officer?
No, you make E-2/E-1 visa application once you have documentary evidences showing you have met requirements. The procedure and time periods vary among American Embassies, and the official website of each American Embassy should provide detailed information on how, where and what to submit to them.
[Q] If I am considering changing to EB-5 from my current E-2 status, what factors do I have to consider?
Note that retained earnings of E-2 enterprise does not constitute investment capital for EB-5 case. In other words, the profit the U.S. enterprise earned, kept in its bank account and then reinvested the profits into the company to buy new equipment and expand, do not count as capital investment for EB-5 purpose. In order to count as capital investment for the purpose of EB-5 case, the investor would have to show that the E-2 enterprise has paid its profit to him or her as salary or dividends, and then this money has been invested directly from the individual investor to the U.S.Read more