The E-2 visa is a type of nonimmigrant visa that allows an individual to enter the United States to invest in and manage a business. The process of applying for an E-2 visa is complex and time-consuming, but an experienced immigration attorney can help make the process as smooth as possible.
1. Understanding the E-2 Visa Eligibility Requirements
The first step in applying for an E-2 visa is to determine whether you meet the eligibility requirements. The E-2 visa is only available to individuals from certain countries that have a treaty of commerce and navigation with the United States. An immigration lawyer can help you determine if your country is eligible and if you meet the other requirements such as having a substantial amount of capital invested in a U.S. business.
The investment must be in a bona fide enterprise, meaning a real and active commercial or entrepreneurial undertaking that produces goods or services for profit. A speculative or idle investment will not qualify, and an attorney will be a crucial guide in helping to understand the line between qualifying investments!
2. Preparing and Filing the Application
As you begin preparing and filing an application for an E-2 visa, an immigration attorney is your secret weapon. Applying for a visa can be a daunting task, but an experienced immigration attorney can make the process more synergistic and organized.
First, your attorney will help you complete the necessary forms and gather the necessary documentation to support your application. In E-2 visa preparation, documentation is everything as the applicant has many different sections. They will make sure that everything is in order and that you have all the right paperwork to prove your eligibility for E-2 visa, saving you the headache of trying to navigate the complex application process on your own.
But it doesn’t stop there, your lawyer will also help you by ensuring that your application is fully completed. This is crucial, as incomplete applications are often denied or rejected. And let’s face it, who wants to go through the process of applying for a visa all over again, pay all the fees, and wait sometimes a long time to just receive a denial or rejection due to incomplete application? Nobody.
Finally, your attorney will keep an eye on your application and will keep you updated on its status. This way, you can be sure your application has the best shot for an approval.
3. Representation at an Interview
In some cases, the U.S. Consulate may require an in-person interview before approving an E-2 visa application.
At the outset, your lawyer will help you prepare for the interview by going over potential questions and providing guidance on how to present your case in the best possible light. They’ll help you organize your thoughts and practice your answers so that you can feel confident and prepared when the big day arrives.
During the interview, your attorney cannot be there with you because US Constitution does not apply at the US Consulates and hence, you wont have ability to have your attorney in the room with you; however, if you hire your attorney to accompany you. They will be able to stay in the lobby and available for questions if you need to ask it. Please note, if you need to stop your interview to come out to ask a question to your attorney, your interviewer may think that you don’t know your business or you have something to hide.
4. Handling RFEs and Denials
If your application is denied or if the U.S. Consulate requests additional information, an immigration attorney can help you respond to the Request for Evidence (RFE) and can help you appeal a denial.
Your lawyer can help you respond to RFEs in a timely and efficient manner. They can provide guidance on how to address any issues that may have led to the RFE and can help you to present new information that may change the outcome. They’ll work with you to gather the necessary evidence and documentation to demonstrate that you meet the requirements for the E-2 visa.
In the event of a denial, your attorney will be there to help you appeal. They can provide guidance on how to address any issues that may have led to the denial and can help you to present new information that may change the outcome. They can also help you understand the appeal process and can communicate with the U.S. Citizenship and Immigration Services (USCIS) on your behalf.
But it’s not just about responding to RFEs and appealing denials, it’s also about preventing them. Your lawyer can help you understand the requirements for the E-2 visa and can provide guidance on how to present your case in the best possible light. They can also review your application before you submit it to ensure that it is complete and accurate, reducing the chances of receiving an RFE or a denial
5. Staying in Compliance
Once you have been granted an E-2 visa, it is important to maintain compliance with all U.S. immigration laws and regulations. An immigration lawyer can provide guidance on how to maintain compliance and can help you understand the process for renewing your visa or changing your status.
The process of applying for an E-2 visa can be complex and time-consuming, but with the help of an experienced immigration attorney, you can increase your chances of success.
An attorney can help you understand the eligibility requirements, prepare and file your application, prepare you for the interview, handle requests for additional information or appeals, and help you stay in compliance with U.S. immigration laws. So, why go it alone when you can have a professional by your side? Save yourself the hassle and call MC Law Group at (702) 258-1093.