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What is the Difference Between the Consular Process and Change of Status for an E-2 Visa?

What is the Difference Between the Consular Process and Change of Status for an E-2 Visa?

By Asim Kilinc, Immigration Attorney at CK Law Firm

When applying for an E-2 visa, applicants have two main options: pursuing the consular process outside the U.S. or filing for a change of status while already in the U.S. These two methods differ significantly in terms of processing time, application requirements, and the visa’s usage. Determining the most suitable route for the E-2 visa depends on the applicant’s specific circumstances. In this article, we detail the differences between the consular process and the change of status procedure:

  • What is the Consular Process?
  • What is Change of Status Within the U.S.?
  • Key Differences Between the Consular Process and Change of Status
  • Which Option is More Advantageous?

If you have further questions about the E-2 visa, feel free to leave a comment below, send me a message via LinkedIn, or contact me through the CK Law Firm website.

What is the Consular Process?

The consular process refers to the procedure where the applicant applies for a visa at a U.S. consulate or embassy outside the United States. Key aspects of this process include:

  • Application Steps
    • The applicant completes the DS-160 form and submits the required documentation to the U.S. consulate.
    • During the consular interview, the applicant’s investment details, business plan, and purpose of entering the U.S. are evaluated.
  • Visa Validity and Usage
    • Upon successful completion of the consular process, the applicant receives an E-2 visa, allowing entry into the U.S.
    • This visa permits multiple entries and exits from the U.S. while valid.
  • Timeframe
    • Processing times vary depending on the consulate’s workload, typically ranging from a few weeks to several months.
  • Advantages
    • The consular process provides a physical visa stamp, facilitating travel to and from the U.S.
    • It is ideal for applicants applying from outside the U.S.

What is Change of Status Within the U.S.?

Change of status is a procedure where the applicant transitions to E-2 status while already in the U.S. Key points to consider include:

  • Application Steps
    • Change of status applications are filed with USCIS (U.S. Citizenship and Immigration Services) using Form I-129.
    • The applicant must submit investment documentation, a business plan, and supporting documents.
  • Rights Granted
    • Once approved, the applicant can legally stay in the U.S. and manage their business.
    • However, no physical visa is issued during this process.
  • Timeframe
    • Processing times depend on USCIS workload, ranging from 3 to 6 months. Premium processing reduces this to 15 days.
  • Limitations
    • Change of status only extends the applicant’s legal stay in the U.S. and does not provide a physical visa stamp.
    • If the applicant leaves the U.S., they must complete the consular process to re-enter.

Key Differences Between the Consular Process and Change of Status

CriteriaConsular ProcessChange of Status
Visa IssuanceA physical E-2 visa stamp is issued.No physical visa, only status changes.
Travel PermissionAllows free travel to and from the U.S.Status is canceled upon exiting the U.S.
Application LocationCompleted at a U.S. consulate abroad.Completed within the U.S. via USCIS.
Processing TimeDepends on consulate workload (1-3 months).3-6 months, or 15 days with premium processing.
Interview RequirementA consular interview is mandatory.No interview required.

Which Option is More Advantageous?

  • Consular Process: Best suited for applicants entering the U.S. from abroad or those who anticipate frequent travel. The visa stamp obtained at the end of the process makes travel easier.
  • Change of Status: A faster and simpler option for those already legally present in the U.S. and looking to invest. However, it is not recommended for applicants who plan to travel outside the U.S.

Conclusion

The E-2 visa application process varies depending on the applicant’s circumstances and needs. The consular process offers a physical visa for easier travel, while the change of status is a quicker solution for those already in the U.S. Both options should be carefully evaluated to determine the best fit for individual situations.

At CK Law Firm, we provide professional support at every stage of the E-2 visa application process. To determine which method is right for you and successfully complete your application, contact us at cklawfirm.org, via email at info@cklawfirm.org, or directly on LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The E-2 visa offers significant opportunities for entrepreneurs who wish to invest in the U.S. and establish a business. However, partnerships may be evaluated differently during the E-2 visa application process. So, can two partners obtain an E-2 visa by investing equally? In this article, we will explain the E-2 visa application requirements for partnerships, how each partner is evaluated, and important considerations during the process:

  • E-2 Visa Application Requirements in Partnerships
  • Does Each Partner Need to Apply for an E-2 Visa Separately?
  • Key Considerations and Common Issues During the Application Process

If you have further questions about the E-2 visa, feel free to leave a comment below, message me directly via LinkedIn, or contact me through the CK Law Firm website.

E-2 Visa Application Requirements in Partnerships

When applying for an E-2 visa, each partner must meet the eligibility criteria individually. If two partners are investing equally, the following conditions apply:

  • Sufficient Investment
    Each partner’s investment must be proportional to the size and nature of the business. For example, if the total investment is $200,000, each partner is expected to contribute at least $100,000.
    The investment amount must be sufficient to start and sustain the business.
  • Shared Control
    Partners can share control of the business equally. However, each partner must play an active role in managing the business.
    Together, the two partners must own at least 50% of the business. For instance, if a third party holds more than 50%, the E-2 visa application may not be approved.
  • Nonimmigrant Status Requirements
    Both partners must demonstrate that their stay in the U.S. is temporary and that they are investing to ensure the profitability of the business.

Does Each Partner Need to Apply for an E-2 Visa Separately?

Each partner must individually apply for an E-2 visa. The application process includes the following requirements for each partner:

  • Separate Application Process
    Each partner must individually prove their eligibility for the E-2 visa.
    The personal financial situation, contribution to the business, and role in management are evaluated separately for each partner.
  • Management Role and Active Participation
    Each partner must actively participate in managing the business. Passive investors are not eligible for an E-2 visa.
    For example, one partner may oversee financial management while the other handles operational processes.
  • Compliance with International Agreements
    Each partner’s country of citizenship must have an E-2 visa treaty with the United States. If one partner is from a non-treaty country, they cannot apply for an E-2 visa.

Key Considerations and Common Issues During the Application Process

  • Proportionality of Investment
    If the investment is not proportional to the size of the business, the application may be denied, even if both partners invest equally. It is essential to accurately calculate the required capital for the business.
  • Ownership and Control Distribution
    While a 50-50 ownership split is acceptable, control and management rights must be clearly documented.
    Excessive control by third parties may jeopardize the visa application.
  • Clarity of Management Roles
    Each partner’s role in the business must be clearly defined and documented in the application. Ambiguity or passive roles in management can lead to visa denial.
  • Complete Documentation
    Business plans, financial records, and documents showing each partner’s investment must be thorough and accurate.
    Partnership agreements should be detailed and included in the application.

Conclusion

It is possible for two partners to obtain an E-2 visa by investing equally. However, each partner must individually meet the eligibility criteria, and the investment must be sufficient to support the business. Active involvement in managing the business and contributing to the U.S. economy are critical for a successful application.

At CK Law Firm, we offer comprehensive support to investors planning to apply for an E-2 visa through partnerships. Our expert team helps simplify the application process and increase your chances of success. For professional assistance, detailed information, and consultation services, contact us at cklawfirm.org, via email at info@cklawfirm.org, or directly through LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

By Asim Kilinc, Immigration Attorney at CK Law Firm

The E-2 visa is a temporary visa designed for individuals who wish to reside in the United States as investors. Like other nonimmigrant visas, it is subject to specific validity periods. The validity of the E-2 visa depends on international agreements between the applicant’s home country and the U.S. and the investment activities of the visa holder. In this article, we will explore the validity period of the E-2 visa and the factors affecting it in detail:

  • Initial Period and First Issuance of the E-2 Visa
  • Renewal and Extension of the E-2 Visa
  • Factors Influencing the Validity Period

If you have further questions about the E-2 visa, feel free to leave a comment below, send me a message directly via LinkedIn, or contact me through the CK Law Firm website.

Initial Period and First Issuance of the E-2 Visa

The initial period of the E-2 visa is determined by the trade and investment agreements between the applicant’s home country and the United States. Typically:

  • Initial Duration: The E-2 visa is generally issued with a validity period of 2 years.
  • Maximum Duration: This varies by country. For example, Turkish nationals can receive an E-2 visa with a maximum validity of 5 years.

It’s important to note that this validity period pertains to the visa itself and is different from the 2-year stay granted upon each entry into the U.S. As long as the visa remains valid, the holder may enter the U.S. and stay for up to 2 years per entry.

Renewal and Extension of the E-2 Visa

The E-2 visa can be renewed an unlimited number of times, provided specific conditions are met. During each renewal process, the following criteria must be satisfied:

  • Continuity of the Investment
    The business must remain active and contribute to the U.S. economy. If the business ceases operations or becomes unprofitable, the renewal application may be denied.
  • Updated Documentation
    Renewal applications must include updated documentation proving that the investment remains valid and the business operates legally. These documents often include financial reports, tax returns, and business plans.
  • Timely Application
    Renewal applications must be submitted before the visa’s expiration date. Failure to do so may result in the loss of legal status and the need to leave the U.S.
  • Active Management by the Investor
    The investor must continue to play an active role in managing the business. Applications from passive investors are generally not accepted.

Factors Influencing the Validity Period

Several key factors influence the validity period of the E-2 visa:

  • Nationality of the Applicant
    The validity period of the E-2 visa varies depending on the applicant’s nationality. For example:
    • Turkish nationals: Up to 5 years.
    • German nationals: Up to 2 years.
  • Performance of the Business
    The business’s growth rate, financial success, and contribution to the U.S. economy play a critical role in visa renewals. A failing business may jeopardize the visa holder’s status in the U.S.
  • Nonimmigrant Status Requirements
    Since the E-2 visa is a nonimmigrant visa, applicants must demonstrate their intent to remain in the U.S. temporarily. Any indication of plans for permanent residency may complicate the renewal process.
  • Consulate and USCIS Decisions
    Decisions made by consular officers or U.S. Citizenship and Immigration Services (USCIS) during the renewal process are significant. Submitted documents are thoroughly reviewed, and the validity of the visa is extended based on these evaluations.

Conclusion

The E-2 visa offers a flexible option for entrepreneurs looking to invest in the U.S. without being limited by a strict timeline. However, attention must be paid to its initial duration, renewal conditions, and validity periods. Any errors in managing these processes can jeopardize an investor’s business plans and legal status in the U.S.

At CK Law Firm, we provide professional support through all stages of the E-2 visa validity and renewal process. To sustain your U.S. investment and navigate the legal process smoothly, contact us at cklawfirm.org, via email at info@cklawfirm.org, or directly on LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The E-2 visa is a flexible option that allows investors to live and work in the United States. However, understanding the visa’s validity periods and renewal conditions plays a crucial role in planning your stay in the U.S. In this article, we provide detailed information about the E-2 visa’s validity, renewal requirements, and potential limitations:

  • Validity Period of the E-2 Visa
  • Conditions for Renewing the E-2 Visa
  • Limitations and Considerations in the Renewal Process
  • Long-Term Planning with the Renewability of the E-2 Visa

If you have any additional questions about the E-2 visa, feel free to leave a comment below, message me directly on LinkedIn, or contact me through the CK Law Firm website!

Validity Period of the E-2 Visa

The validity of the E-2 visa depends on the treaties between the applicant’s home country and the U.S. Each country has specific maximum validity periods. Generally:

  • Initial Period: The visa is initially issued for a validity period of 2 years.
  • Maximum Period: For some countries, the total validity can extend up to 5 years.
  • Duration of Stay: As long as the visa remains valid, each entry into the U.S. grants an additional 2-year stay.

Investors can file for a renewal before the visa expires, allowing them to continue living in the U.S. This flexibility makes long-term business planning easier for investors.

Conditions for Renewing the E-2 Visa

The E-2 visa can be renewed an unlimited number of times, provided that specific conditions are met. Each renewal application must demonstrate the following:

  • Sustained Investment
    Applicants must prove that their investment remains active and profitable. Documentation must show that the business contributes to the U.S. economy and continues its commercial activities.
  • Contribution to the U.S. Economy
    The business must continue to create jobs or provide economic benefits to the U.S. Key factors such as employee count and business growth rates are critical in renewal applications.
  • Active Role of the Investor
    Investors must demonstrate active involvement in the daily management or strategic decision-making of the business. Applications from passive investors are not accepted.
  • Intent to Maintain Current Status
    The applicant must confirm that they do not intend to change their status to a different visa or residency type. This ensures the E-2 visa remains a temporary status.

Limitations and Considerations in the Renewal Process

While the E-2 visa is renewable, applicants should be aware of potential challenges during the renewal process:

  • Investment Size and Profitability
    Renewal applications may be denied if the business is not sufficiently large or profitable. Detailed financial statements and growth metrics should be carefully prepared.
  • Incomplete Documentation
    Missing or incorrect information in the renewal application can lead to denial. All documents proving the legitimacy of the investment must be complete.
  • Expiration of Visa Validity
    Applicants must submit their renewal applications before the visa’s expiration date. Delays can result in the loss of legal status.
  • Consulate and USCIS Review Process
    Both consulates and USCIS conduct thorough reviews of every application. New assessments may occur during the renewal process, making accurate and complete documentation crucial.

Long-Term Planning with the Renewability of the E-2 Visa

The E-2 visa enables investors to achieve long-term business goals in the U.S. Its unlimited renewability offers a significant advantage over other nonimmigrant visa types. However, professional support is essential to ensure the visa’s sustainability.

At CK Law Firm, we proactively identify challenges that may arise during the E-2 visa renewal process and provide comprehensive services to ensure a smooth experience. Reach out to us to maintain your business success in the U.S.

For professional support, detailed information, and consulting services, contact us at cklawfirm.org, via email at info@cklawfirm.org, or directly through LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

By Asim Kilinc, Immigration Attorney at CK Law Firm

The E-2 visa grants immigration status to individuals who wish to invest and start a business in the U.S. However, to benefit from this visa, the investment must meet certain criteria, and the type of business must fall within acceptable categories. In this article, we will delve into the types of businesses eligible for the E-2 visa and the characteristics of acceptable investments:

  • Types of Businesses Eligible for the E-2 Visa
  • Characteristics of Acceptable Investments
  • Key Considerations During the E-2 Visa Investment Process

If you have additional questions about the E-2 visa, feel free to contact me via the comments section below, directly on LinkedIn, or through the CK Law Firm Immigration Attorneys’ website.

Types of Businesses Eligible for the E-2 Visa

While the type of business is important, the most critical requirement is that the business engages in “active” commercial activities. Passive investments do not qualify under this visa category.

Active Businesses
The business must actively produce goods or services. Examples include:

  • Restaurants, cafes, or hotels.
  • Retail stores or e-commerce platforms.
  • Technology startups or consulting firms.

Small and Medium-Sized Businesses
The E-2 visa is generally suitable for small and medium-sized businesses. Companies with the potential to contribute to the U.S. economy hold an advantage in the visa process.

Franchise Businesses
Franchise models are a popular option for E-2 visa applicants. These businesses offer a pre-established operational model and support system, making them appealing for both investors and the U.S. government.

Service- or Manufacturing-Based Businesses
Businesses in the service sector (e.g., consulting, accounting) or manufacturing companies are eligible for the E-2 visa.

Important Considerations:
Passive investments (e.g., simply purchasing property) or businesses that generate personal income only (e.g., individual real estate management) are not considered eligible for the E-2 visa.

Characteristics of Acceptable Investments

Investments made for the E-2 visa must meet specific standards. Acceptable investments have the following characteristics:

Substantial Investment Amount
The amount of investment depends on the type and scale of the business, but it must be “substantial.” A substantial investment means an amount sufficient to ensure the successful operation of the business.

  • For small businesses, an investment between $100,000 and $150,000 is typically considered sufficient.
  • Larger businesses may require a higher investment amount.

At-Risk Capital
The investment must demonstrate that the investor is taking a financial risk. This means that the investment’s entirety or a significant portion should be allocated to the establishment and operation of the business. Examples include:

  • Purchasing equipment, products, and materials for the business.
  • Leasing or purchasing business premises.
  • Covering employee salaries and marketing expenses.

Avoidance of Speculative or Passive Investments
Only profit-oriented and actively managed businesses are eligible for the E-2 visa. For example, purchasing a property solely for rental purposes is considered speculative and will not qualify.

Contribution to the U.S. Economy
The business must have the potential to contribute to the U.S. economy, such as creating jobs or providing economic benefits to the local community.

Key Considerations During the E-2 Visa Investment Process

When making an investment for the E-2 visa, the following steps are crucial:

Preparation of a Business Plan
A detailed business plan outlining the financial projections, objectives, and operational plans of the business is mandatory. The business plan will be used to demonstrate that the investment is legitimate and beneficial to the U.S. economy.

Document Preparation
The source of the investment and its legality must be documented with supporting evidence. CK Law Firm provides comprehensive legal assistance to ensure your investment complies with the requirements.

Completion of the Investment
The investment must be completed before the E-2 visa application. All expenditures during the business establishment process should be meticulously documented.

Seeking Professional Guidance
Professional advice on selecting the business type and navigating the investment process is essential for a smooth application process.

Conclusion

The E-2 visa offers a valuable opportunity for entrepreneurs seeking to establish a business and invest in the U.S. However, selecting an appropriate business type and making an acceptable investment are critical steps. The rejection of passive investments is an important criterion that applicants must consider.

At CK Law Firm, we provide professional consulting services to assist with determining the type of business, structuring acceptable investments, and managing the application process for the E-2 visa. For professional support, detailed information, and consultation services, contact us via cklawfirm.org, info@cklawfirm.org, or LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The E-2 visa not only offers opportunities for investors but also enables certain qualified workers and employees to work in the U.S. Bringing the skilled employees your business needs to the U.S. is critical for the success and growth of your business. In this article, we’ll provide information about the types of employees that can be brought to the U.S. under the E-2 visa, the requirements, and the application processes:

  • Types of Employees That Can Be Brought with an E-2 Visa
  • Requirements for Eligible Employees
  • The Process of Bringing Employees to the U.S. with an E-2 Visa
  • Rights for Family Members of Employees

If you have additional questions about the E-2 visa, feel free to reach out through the comments section below, directly via LinkedIn, or through our CK Law Firm Immigration Attorneys’ website!

Types of Employees That Can Be Brought with an E-2 Visa

The E-2 visa allows two main categories of employees to be brought to the U.S.:

E-2 Executives and Specialists (Executive/Managerial Employees)

Executives who manage the company’s operations or specialists with unique skills that contribute to the growth of the business can be brought to the U.S. with an E-2 visa.

  • Executive Positions: Individuals responsible for managing the business broadly or making critical decisions. These roles are strategically important for the company’s success.
  • Specialist Employees: Individuals with specific knowledge, experience, or technical skills required for the company’s operations.

E-2 Essential Workers (Essential Employees)

Essential workers are individuals with skills critical for the successful operation of the business. These employees can be brought to the U.S. when no local alternatives are available. For example, personnel with technical expertise or unique knowledge related to a particular product or service may fall into this category.

Requirements for Eligible Employees

To bring employees to the U.S. with an E-2 visa, certain criteria must be met:

  • Citizenship Requirement: The employee must be a citizen of one of the E-2 treaty countries that the investor is also a citizen of.
  • Job Qualification: The position must be crucial for the company’s operations. Especially for executives or specialized workers, the role’s contribution to the business must be documented.
  • Company Necessity: The employee’s presence must be critical for the business. If there are no suitable candidates in the U.S. labor market, this must be demonstrated with evidence.

Proper documentation of these requirements is essential for a successful visa application process.

The Process of Bringing Employees to the U.S. with an E-2 Visa

The steps to bring employees to the U.S. are as follows:

  1. Defining the Position: Determine the duties, responsibilities, and skills required for the roles needed by the business.
  2. Visa Application Process: Complete the necessary documentation for employees and apply through U.S. consulates. This includes providing company details, investment specifics, and proof of workforce needs.
  3. Consular Interview: Employees must complete an interview at the consulate to gain entry to the U.S. During this stage, the employee’s job position and contributions to the business should be clearly explained.

Any errors or omissions during the visa process can lead to application denial.

Rights for Family Members of Employees

Employees brought to the U.S. with an E-2 visa can also bring their spouses and children under 21 years of age. Spouses can apply for work authorization in the U.S., and children can access educational opportunities. This is a significant advantage that makes relocating to the U.S. more appealing.

Conclusion

It’s clear that bringing employees to the U.S. with an E-2 visa can make a significant contribution to the success of your business. However, this process requires accurate documentation and a strategic approach. The qualifications of the employees, their contributions to the business, and compliance with legal requirements are crucial.

At CK Law Firm, we provide comprehensive consulting services to E-2 visa holders and businesses aiming to bring their employees to the U.S. To expand your workforce, boost your business’s success, and receive professional support, contact us via our website at cklawfirm.org, by email at info@cklawfirm.org, or through LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

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