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What should be included in an E-2 treaty investor visa application?
Introduction
The E-2 Treaty Investor Visa is a non-immigrant visa that allows foreign investors from treaty countries to enter and work in the United States based on a substantial investment in a U.S. business. While Kenya does not have a direct treaty with the United States for the E-2 visa, Kenyan investors can still access this visa by obtaining citizenship from a country that has a treaty with the U.S. This guide will provide a comprehensive overview of the requirements and components necessary for a successful E-2 Treaty Investor Visa application.
Table of Contents
Overview of the E-2 Treaty Investor Visa
Eligibility Criteria
Required Documentation
Proof of Nationality
Evidence of Investment
Business Plan
Source of Funds
Ownership and Control
Marginality
Intent to Depart
Application Process
Form DS-160
Form DS-156E
Visa Fees
Interview
Case Laws and Legal Precedents
Conclusion
TLDR
1. Overview of the E-2 Treaty Investor Visa
The E-2 Treaty Investor Visa allows individuals from treaty countries to invest in a U.S. business and live in the United States. The visa is renewable indefinitely as long as the investment enterprise is operational and meets the visa requirements. The E-2 visa is particularly attractive because it allows investors to bring their immediate family members, who can also live and study in the U.S.
2. Eligibility Criteria
To qualify for an E-2 Treaty Investor Visa, the applicant must meet several criteria:
Nationality: The investor must be a national of a country that has a treaty of commerce and navigation with the United States.
Investment: The investor must have invested or be in the process of investing a substantial amount of capital in a bona fide enterprise in the United States.
Business: The investment must be in a real and operating commercial enterprise.
Control: The investor must have control of the funds and the enterprise.
Marginality: The investment must generate more than enough income to provide a minimal living for the investor and their family or have a significant economic impact in the U.S.
Intent to Depart: The investor must intend to depart the U.S. when the E-2 status ends.
3. Required Documentation
3.1 Proof of Nationality
The applicant must provide evidence of their nationality from a treaty country. This can include:
Passport
Birth certificate
National ID card
3.2 Evidence of Investment
The applicant must demonstrate that they have invested or are actively in the process of investing in a U.S. business. This can include:
Bank statements showing the transfer of funds
Purchase agreements
Lease agreements
Invoices and receipts for business expenses
3.3 Business Plan
A comprehensive business plan is crucial for the E-2 visa application. The business plan should include:
Executive summary
Business description
Market analysis
Marketing and sales strategy
Organizational structure
Financial projections (typically for five years)
Job creation plans
3.4 Source of Funds
The applicant must prove that the investment funds were obtained through legal means. This can include:
Tax returns
Bank statements
Sale of property
Loan agreements
Gift letters
3.5 Ownership and Control
The investor must show that they own at least 50% of the enterprise and have operational control. This can be demonstrated through:
Shareholder agreements
Articles of incorporation
Operating agreements
3.6 Marginality
The investment must not be marginal. The applicant must show that the business will generate more than enough income to support the investor and their family or have a significant economic impact. This can be demonstrated through:
Financial statements
Payroll records
Tax returns
3.7 Intent to Depart
The applicant must demonstrate their intent to depart the U.S. upon the expiration of their E-2 status. This can be shown through:
A signed statement of intent
Evidence of ties to their home country (e.g., property ownership, family ties)
4. Application Process
4.1 Form DS-160
The DS-160 is the online non-immigrant visa application form. All E-2 visa applicants must complete this form and submit it online. The form requires detailed information about the applicant's background, travel history, and purpose of travel.
4.2 Form DS-156E
The DS-156E is a supplement to the DS-160 specifically for E-2 visa applicants. This form provides detailed information about the investment and the business. It must be completed and submitted along with the DS-160.
4.3 Visa Fees
Applicants must pay the required visa application fees, which include:
The DS-160 application fee
The DS-156E processing fee
Any additional fees required by the U.S. consulate or embassy
4.4 Interview
After submitting the application forms and paying the fees, the applicant must schedule and attend an interview at the U.S. consulate or embassy in their home country. During the interview, the consular officer will review the application and supporting documents and ask questions to determine the applicant's eligibility for the E-2 visa.
5. Case Laws and Legal Precedents
Matter of Walsh and Pollard, 20 I&N Dec. 60 (BIA 1988)
Parties: Walsh and Pollard
Outcome: The Board of Immigration Appeals (BIA) clarified the definition of "substantial investment" and "bona fide enterprise" for E-2 visa purposes.
Relevance: This case is significant because it provides a legal precedent for what constitutes a substantial investment and a bona fide enterprise, which are critical components of the E-2 visa application.
Matter of Udagawa, 14 I&N Dec. 578 (BIA 1974)
Parties: Udagawa
Outcome: The BIA ruled that the investment must be at risk and irrevocably committed to the enterprise.
Relevance: This case emphasizes the importance of the investment being at risk and irrevocably committed, which is a key requirement for the E-2 visa.
Matter of Khan, 14 I&N Dec. 397 (BIA 1973)
Parties: Khan
Outcome: The BIA ruled that the investor must have control over the funds and the enterprise.
Relevance: This case highlights the necessity for the investor to have control over the investment and the business, which is a crucial element of the E-2 visa application.
Conclusion
The E-2 Treaty Investor Visa offers a valuable opportunity for foreign investors to live and work in the United States by investing in a U.S. business. While Kenyan nationals must first obtain citizenship from a treaty country, the E-2 visa remains an accessible and attractive option. By meeting the eligibility criteria and providing comprehensive documentation, applicants can increase their chances of a successful E-2 visa application.
TLDR
To apply for an E-2 Treaty Investor Visa, you must provide proof of nationality, evidence of investment, a detailed business plan, proof of the source of funds, documentation of ownership and control, evidence that the investment is not marginal, and a statement of intent to depart the U.S. upon visa expiration. The application process involves completing forms DS-160 and DS-156E, paying visa fees, and attending an interview at a U.S. consulate or embassy.
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Answered by mwakili.com