Employment Based Visas
E-2 Treaty Investor Visa Attorneys in Queens
At The Sekou Clarke Law Group, we specialize in assisting entrepreneurs and investors who seek to establish or operate a business in the United States through the E-2 Treaty Investor Visa. This visa provides a valuable opportunity for foreign nationals from qualifying treaty countries to live and work in the U.S. by investing in a business. Our team in Queens is dedicated to guiding you through the complexities of the E-2 visa process, ensuring that your investment is both legally sound and strategically beneficial.
What is the E-2 Treaty Investor Visa?
The E-2 Treaty Investor Visa allows foreign nationals from countries with which the U.S. maintains a treaty of commerce and navigation to enter and work in the U.S. based on a substantial investment in a U.S.-based enterprise. This visa is particularly advantageous for entrepreneurs, business owners, and investors looking to expand or start a new venture in the United States.
Key Requirements for the E-2 Visa
To qualify for the E-2 visa, applicants must meet several essential criteria:
Nationality Requirement: The applicant must be a national of a country with which the United States has a qualifying treaty.
Substantial Investment: A significant investment in a U.S.-based business is required, though there is no set minimum amount. The investment must be enough to ensure the business's operational success.
Active Involvement: The applicant must play an active role in managing the enterprise, either through direct control or by assuming a managerial position.
Risk of Investment: The investment must be "at risk," meaning it is subject to partial or total loss if the business does not succeed. Speculative or idle investments do not qualify.
Business Viability: The business should generate enough income to support more than just the applicant and their family, meaning it should contribute to the local economy and create job opportunities.
Benefits of the E-2 Visa
The E-2 visa offers numerous advantages for investors and their families:
Renewable Visa: While the E-2 visa is not a path to permanent residency, it can be renewed indefinitely as long as the business remains operational and profitable.
Family Eligibility: Spouses and unmarried children under 21 may accompany the E-2 visa holder. Spouses are eligible to apply for work authorization, allowing them to work in the U.S.
Flexible Visa Duration: E-2 visas are typically granted for periods of up to two years and can be extended in two-year increments.
Work Authorization for the Investor: The investor can work legally in the U.S. for the enterprise in which they have invested.
How The Sekou Clarke Law Group Can Help You
At The Sekou Clarke Law Group, we understand the high stakes involved in securing an E-2 visa and are committed to providing our clients with comprehensive and personalized legal support. Our Queens-based team can assist with:
Assessing Your Eligibility: We’ll help determine if you and your business meet the E-2 visa requirements.
Investment Structuring: We’ll guide you in structuring your investment to meet U.S. Citizenship and Immigration Services (USCIS) standards.
Preparing Your Application: Our attorneys will ensure that all documentation is complete, accurate, and compelling, including the business plan and proof of investment.
Navigating the Visa Process: We’ll guide you through the complex E-2 visa application process, including interviews and any potential challenges.
Supporting Family Applications: We’ll assist with securing visas for eligible family members and work authorization for spouses.
Frequently Asked Questions (FAQs) about the E-2 Visa
1. What types of businesses qualify for the E-2 visa?
Any lawful business that generates income and employment opportunities can qualify, including service businesses, franchises, and startups. The key is demonstrating that the business will be successful and benefit the local economy.
2. What is considered a “substantial” investment for an E-2 visa?
Though there’s no fixed amount, the investment must be substantial enough to cover the startup costs of the business and ensure its success. Investments vary widely by industry and business type.
3. Can I bring my family with me on the E-2 visa?
Yes. Spouses and unmarried children under 21 can accompany the E-2 visa holder, and spouses can apply for work authorization.
4. Is the E-2 visa a pathway to a green card?
The E-2 visa does not directly lead to a green card. However, it can be renewed indefinitely if the business remains operational, allowing long-term residency.
5. Can I change or expand my business under the E-2 visa?
Yes, but any significant changes to your business model or structure may require notifying USCIS or filing an amendment to maintain compliance with E-2 visa conditions.
Contact The Sekou Clarke Law Group for Your E-2 Visa Needs in Queens
The Sekou Clarke Law Group is here to support investors who wish to establish a presence in the U.S. through the E-2 visa. Our experienced attorneys will work with you to secure your visa and ensure your investment is set up for success. Contact us today to schedule a consultation and take the first step toward your business goals in the United States.
Call us at (Queens Office Number) or contact us online to get started.
Florida & New York Employment-Based Visa Attorneys
Trusted Immigration Lawyers for Work Visas in the U.S.
Immigration is complicated. Even if you are just trying to obtain a visa, the process can be arduous. If you are applying for an employment-based visa, hire a team with both personal and professional experience to help. At The Sekou Clarke Law Group, we have a unique, first-hand perspective on this area of law because we are immigrants ourselves. Our personal experience on “the other side” of immigration makes us extremely compassionate and understanding towards our clients. We know that every situation is different, so we make an effort to tailor every case.
Call (407) 269-8774 or contact our firm online to speak with a Florida & New York immigration attorney at our firm. We speak Portuguese, French, Haitian Creole and English.
Types of Employment Visas in the United States
The American government encourages skilled workers to come to the U.S. if they bring value to the economy. Eligible people can apply for a temporary visa or a permanent visa.
Overview of Temporary Employment-Based Visas
Each temporary visa comes with its own time limit. In most cases, temporary workers have very limited ability to change jobs.
The most common temporary visas include:
H-1B Visas
- This visa is commonly issued to foreigners with specialty occupations.
H-2B Visas for Seasonal Workers
- This visa allows seasonal, non-agricultural temporary workers to come to the U.S.
H-2A Visas for Agricultural Workers
- This visa is reserved for temporary agricultural workers that are from certain countries
L-1A and L-1B Visas for Intra-Company Transfers
- These visas are for employees of foreign companies with U.S. relations and are used when the employee's services are needed in the United States
Do Temporary Employment Visas Allow for Family Members to Come to the U.S.?
All of the visas listed above allow the immigrant to bring a spouse and any children under the age of 21 to the U.S. If a visa holder is fired from his or her job, this may terminate their status, meaning that they have to return to their home country.
Permanent Employment Visas
To obtain a permanent employment visa:
- An employer will need to petition on your behalf - In most cases, the employer needs certification from the Department of Labor to prove that there were no U.S. citizens that were willing, qualified, and able to take the job at an acceptable wage.
- After gaining certification, your employer will need to request your permanent worker status with the USCIS. In many cases, immigrants come over as temporary workers and receive an adjustment of status.
Permanent residents are also known as green card holders and can apply for U.S. citizenship after five years.
Aggressive & Passionate
What Makes Us Different
The Sekou Clarke Law Group is here to help you get the results you need with a team you can trust.
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What Our Clients Are Saying
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"A miracle worker."The Sekou Clarke Law Group did everything and more to help. They are truly miracle workers.- Denise
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"I am comfortable where I am because of his professional guidance."The best move I ever made was to consult Mr. Clarke on my immigration matter. I am comfortable where I am because of his professional guidance.- Stephen M.
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"A few weeks later I was released and now I'm adjusting my status to become a Permanent resident."I was detained by ICE few months ago and was placed in removal proceedings. My family and I reached out to several law firms and they all rejected my case because of the charges that I had. Subsequently with my last hope of having any lawyer representation my family contacted Mr. Sekou Clarke and he immediately said Yes!!! A few weeks later I was released and now I'm adjusting my status to become a Permanent resident. Thanks to Mr. Clarke and his remarkable team- Desmond J.
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"Mr Clarke very professional lawyer he represented me and a couple of family and friends would recomend him to anyone who wants real honest professional help."Mr Clarke very professional lawyer he represented me and a couple of family and friends would recomend him to anyone who wants real honest professional help.- Former Client
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