In this next article in her Instruction
Series, Business Immigration Attorney Magdalena Cuprys, Esq. details the background
and requirements of one of the most popular Investment Vehicles utilized to
access the US marketplace.
The
E-2 Treaty Investor Visa, a non-immigrant visa classification, allows a
national of a treaty country (a country with which the United States maintains
a treaty of commerce and navigation) to be admitted to the United States when
investing a substantial amount of capital in a U.S. business. Certain
employees of such a person or of a qualifying organization may also be eligible
for this classification. See U.S. Department of State's Treaty
Countries for a current list of countries with which the United
States maintains a treaty of commerce and navigation.
To
qualify for E-2 classification, the treaty investor must satisfy the following
conditions:
-
Be a national of a country with which the United States maintains
a treaty of commerce and navigation
-
Have invested, or be actively in the process of investing, a
substantial amount of capital in a bona fide enterprise in the United States
-
Be seeking to enter the United States solely to develop and direct
the investment enterprise. This is established by showing at least 50% ownership
of the enterprise or possession of operational control through a managerial
position or other corporate device.
An investment is the treaty investor’s placing
of capital, including funds and/or other assets, at risk in the commercial
sense with the objective of generating a profit. The capital must be
subject to partial or total loss if the investment fails. The treaty
investor must show that the funds have not been obtained, directly or
indirectly, from criminal activity. A substantial amount of capital is
defined as:
-
Substantial in relationship to the total cost of either purchasing
an established enterprise or establishing a new one
-
Sufficient to ensure the treaty investor’s financial commitment to
the successful operation of the enterprise
-
Of a magnitude to support the likelihood that the treaty investor
will successfully develop and direct the enterprise. The lower the cost
of the enterprise, the higher, proportionately, the investment must be to be
considered substantial.
-
A bona fide
enterprise refers to a real, active and operating commercial
or entrepreneurial undertaking which produces services or goods for
profit. It must meet applicable legal requirements for doing business
within its jurisdiction.
On
the other side of the coin, the investment enterprise may not be
marginal. A marginal enterprise is one that does not have the present or
future capacity to generate more than enough income to provide a minimal living
for the treaty investor and his or her family. Depending on the facts, a
new enterprise might not be considered marginal even if it lacks the current
capacity to generate such income. In such cases, however, the enterprise
should have the capacity to generate such income within five years from the
date that the treaty investor’s E-2 classification begins.
If
the principal alien employer is not an individual, it must be an enterprise or
organization at least 50% owned by persons in the United States who have the
nationality of the treaty country. These owners must be maintaining
nonimmigrant treaty investor status. Duties which are of an executive
or supervisory character are those which primarily provide
the employee ultimate control and responsibility for the organization’s overall
operation, or a major component of it.
Qualified
treaty investors and employees will be allowed a maximum initial stay of two
years. Requests for extension of stay may be granted in increments of up
to two years each. There is no maximum limit to the number of extensions
an E-2 nonimmigrant may be granted. All E-2 non-immigrants, however, must
maintain an intention to depart the United States when their status expires or
is terminated. An E-2 nonimmigrant who
travels abroad may generally be granted an automatic two-year period of readmission
when returning to the United States.
A
treaty investor or employee may only work in the activity for which he or she
was approved at the time the classification was granted. An E-2 employee,
however, may also work for the treaty organization’s parent company or one of
its subsidiaries as long as the:
-
Relationship between the organizations is established
-
Subsidiary employment requires executive, supervisory, or
essential skills
-
Terms and conditions of employment have not otherwise changed.
As
pertains to the family of E-2 Investors and Employees, such Treaty investors
and employees may be accompanied or followed by spouses and unmarried children
who are under 21 years of age. Their nationalities need not be the same
as the treaty investor or employee. These family members may seek E-2
nonimmigrant classification as dependents and, if approved, generally will be
granted the same period of stay as the employee. If the family members
are already in the United States and are seeking change of status to or
extension of stay in an E-2 dependent classification, they may apply by filing
a single Form I-539 with fee. Spouses of E-2 workers may apply for work
authorization by filing Form I-765 with fee. If approved, there is no
specific restriction as to where the E-2 spouse may work.
As
discussed above, the E-2 treaty investor or employee may travel abroad and will
generally be granted an automatic two-year period of readmission when returning
to the United States. Unless the family members are accompanying the E-2
treaty investor or employee at the time the latter seeks readmission to the
United States, the new readmission period will not apply to the family
members. To remain lawfully in the United States, family members must
carefully note the period of stay they have been granted in E-2 status, and
apply for an extension of stay before their own validity expires.
*** Magdalena Cuprys is the principal of Serving Immigrants,
a full-service immigration law firm offering a complete range of immigration
services to both businesses and individuals. The law firm is uniquely qualified
to manage the most contentious and unusual immigration needs. Swift resolution
of immigration-related issues is integral to a client’s ability to conduct
business or reach their personal goals in the United States. Located in Miami
and Clewiston, the firm’s offices provide corporate and individual clients of
foreign nationality with temporary work permits for the U.S., green card
petitions, criminal waivers and representation in removal proceedings cases.
With over a decade of experience, the law firm provides clients with the
confidence that their cases will be handled by an expert who understands their
needs and how to obtain their goals. Although the majority of the law firm’s
clients live in Florida, it represents people from all over the United States
and several foreign countries. References Law Firm Website: https://magdalenacupryslaw.com Other Website:
http://ww.servingimmigrants.com
Member for the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169
Lawyer Directory: https://www.lawyer.com/magdalena-ewa-cuprys.html
LinkedIn Profile: https://www.linkedin.com/in/magdalena-cuprys-265534a/
Martindale Attorney Directory: https://www.martindale.com/organization/magdalena-cuprys-2838433
Findlaw: https://pview.findlaw.com/view/4161404_1
Media News article “Broward Transitional Center: Immigrants With No Criminal
History Get Lengthy Stays At Little-Known Jail”, published at https://www.huffingtonpost.com/2013/01/06/broward-transitional-center-immigrants-detained_n_2417664.html
See also http://articles.sun-sentinel.com/2013-01-05/news/fl-private-immigration-jail-20130105_1_illegal-immigrants-deutch-human-rights-abuses/4
See also the news reports published at http://www.jambonewspot.com/new/little-known-jail-where-immigrants-in-us-with-no-criminal-history-get-lengthy-stays/
and https://www.wptv.com/news/state/immigrants-with-no-criminal-history-get-lengthy-stays-at-private-south-florida-facility
Ms. Cuprys recently prevailed in a hotly contested asylum cases against the
U.S. Department of Homeland Security, see press release at https://www.einpresswire.com/article/452266255/immigration-attorney-magdalena-cuprys-prevails-against-u-s-department-of-homeland-security-in-disputed-asylum-claim?r=pavx1xxw1Nt_HxqPVv
and https://www.prlog.org/12714538-in-disputed-asylum-claim-florida-immigration-attorney-magdalena-cuprys-prevails-against-dhs.html
Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq
Attorney News: https://attorneygazette.com/magdalena-cuprys#4ccbee9f-eb68-44a7-b1df-f0b2366ba5fb
Magdalena Cuprys is the principal of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs. Swift resolution of immigration-related issues is integral to a client’s ability to conduct business or reach their personal goals in the United States. Located in Miami and Clewiston, the firm’s offices provide corporate and individual clients of foreign nationality with temporary work permits for the U.S., green card petitions, criminal waivers and representation in removal proceedings cases. With over a decade of experience, the law firm provides clients with the confidence that their cases will be handled by an expert who understands their needs and how to obtain their goals. Although the majority of the law firm’s clients live in Florida, it represents people from all over the United States and several foreign countries. References Law Firm Website: www.servingimmigrants.com Member for the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169 Lawyer Directory: https://www.lawyer.com/magdalena-ewa-cuprys.html LinkedIn Profile: https://www.linkedin.com/in/magdalena-cuprys-265534a/ Martindale Attorney Directory: https://www.martindale.com/organization/magdalena-cuprys-2838433 Findlaw: https://pview.findlaw.com/view/4161404_1 Media News article “Broward Transitional Center: Immigrants With No Criminal History Get Lengthy Stays At Little-Known Jail”, published at https://www.huffingtonpost.com/2013/01/06/broward-transitional-center-immigrants-detained_n_2417664.html See also http://articles.sun-sentinel.com/2013-01-05/news/fl-private-immigration-jail-20130105_1_illegal-immigrants-deutch-human-rights-abuses/4 See also the news reports published at http://www.jambonewspot.com/new/little-known-jail-where-immigrants-in-us-with-no-criminal-history-get-lengthy-stays/ and https://www.wptv.com/news/state/immigrants-with-no-criminal-history-get-lengthy-stays-at-private-south-florida-facility Ms. Cuprys recently prevailed in a hotly contested asylum cases against the U.S. Department of Homeland Security, see press release at https://www.einpresswire.com/article/452266255/immigration-attorney-magdalena-cuprys-prevails-against-u-s-department-of-homeland-security-in-disputed-asylum-claim?r=pavx1xxw1Nt_HxqPVv and https://www.prlog.org/12714538-in-disputed-asylum-claim-florida-immigration-attorney-magdalena-cuprys-prevails-against-dhs.html Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq Attorney News: https://attorneygazette.com/magdalena-cuprys#4ccbee9f-eb68-44a7-b1df-f0b2366ba5fb
