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What should be included in an E-2 treaty investor visa application?
E-2 Treaty Investor Visa Application Requirements in Kenya
An E-2 Treaty Investor Visa allows citizens of certain countries to invest in a U.S. business and live in the United States. While Kenya does not have a treaty with the United States for this visa, Kenyan citizens can apply for the E-2 visa if they hold a second passport from a country that has a treaty with the United States.
Here are the key requirements for an E-2 Treaty Investor Visa application:
1. Treaty Country Citizenship
The applicant must be a citizen of a country that has a treaty of commerce and navigation with the United States.
Kenya does not have such a treaty, so Kenyan citizens would need to obtain citizenship in a treaty country.
The United States Citizenship and Immigration Services (USCIS) maintains a list of treaty countries.
The list is subject to change, so it is important to check the latest information on the USCIS website.
2. Substantial Investment
The applicant must invest a substantial amount of capital in a U.S. business.
The amount of investment required varies depending on the type of business and the industry.
The investment must be real, active, and ongoing.
The investment must be more than a marginal investment.
The investment must be sufficient to ensure the success of the business.
3. Business Ownership and Control
The applicant must own and control the business.
The applicant must be the primary investor in the business.
The applicant must have a significant role in the management of the business.
The applicant must be able to demonstrate that they have the skills and experience necessary to manage the business.
4. Business Plan
The applicant must submit a detailed business plan that outlines the business's goals, operations, and financial projections.
The business plan must be realistic and achievable.
The business plan must demonstrate that the business will be a viable and profitable enterprise.
5. Financial Documents
The applicant must provide financial documents that support the business plan.
These documents may include:
Personal financial statements
Business financial statements
Bank statements
Tax returns
Loan documents
Investment documents
6. Source of Funds
The applicant must demonstrate that the funds used for the investment are legally obtained.
The applicant must provide documentation that shows the source of the funds.
The applicant must be able to explain how they acquired the funds.
7. Intent to Depart
The applicant must demonstrate that they have the intent to depart the United States upon the expiration of the visa.
The applicant must show that they have strong ties to their home country.
The applicant must demonstrate that they will return to their home country after their stay in the United States.
8. E-2 Visa Application Process
The applicant must file Form I-129, Petition for Nonimmigrant Worker, with the USCIS.
The applicant must also submit the required supporting documentation.
The USCIS will review the application and supporting documentation.
If the application is approved, the applicant will be issued an E-2 visa.
9. E-2 Visa Renewal
The E-2 visa is valid for up to five years.
The visa can be renewed indefinitely as long as the applicant continues to meet the eligibility requirements.
The applicant must file Form I-129, Petition for Nonimmigrant Worker, to renew the visa.
10. E-2 Visa for Employees
The E-2 visa is also available for employees of E-2 treaty investors.
The employees must be nationals of the same treaty country as the investor.
The employees must be coming to the United States to work for the investor's business.
The employees must have the skills and experience necessary to perform the job.
11. E-2 Visa for Family Members
The E-2 visa is also available for the spouse and unmarried children under 21 years of age of E-2 treaty investors.
The family members can live in the United States with the investor.
The family members can work in the United States if they obtain work authorization.
12. E-2 Visa Application Fees
There are fees associated with the E-2 visa application process.
The fees vary depending on the type of application.
The applicant must pay the fees before the application can be processed.
13. E-2 Visa Processing Time
The processing time for an E-2 visa application can vary depending on the workload of the USCIS.
The applicant should allow for several months for the application to be processed.
14. E-2 Visa Interview
The applicant may be required to attend an interview at a U.S. embassy or consulate.
The interview is an opportunity for the consular officer to assess the applicant's eligibility for the visa.
The applicant should be prepared to answer questions about their investment, their business, and their intent to depart the United States.
15. E-2 Visa Denial
The USCIS may deny an E-2 visa application if the applicant does not meet the eligibility requirements.
The applicant may appeal the denial.
16. E-2 Visa Advantages
The E-2 visa is a relatively easy and quick way to obtain lawful status in the United States for investors and their families.
The E-2 visa allows investors to live and work in the United States.
The E-2 visa can be renewed indefinitely.
17. E-2 Visa Disadvantages
The E-2 visa is a nonimmigrant visa.
This means that the investor and their family must eventually leave the United States.
The E-2 visa does not lead to permanent residency or citizenship.
18. E-2 Visa Alternatives
If the applicant is looking for a path to permanent residency or citizenship, they may want to consider other visa options, such as the EB-5 Investor Visa.
The EB-5 visa requires a larger investment and a more complex application process.
19. E-2 Visa Legal Advice
It is important to consult with an immigration attorney before filing an E-2 visa application.
An immigration attorney can help the applicant understand the eligibility requirements, gather the necessary documentation, and file the application correctly.
20. E-2 Visa Resources
The USCIS website provides information about the E-2 visa.
The U.S. embassy or consulate in Kenya can also provide information about the E-2 visa.
TLDR
Kenyan citizens can apply for an E-2 Treaty Investor Visa if they hold a second passport from a country that has a treaty with the United States. The applicant must invest a substantial amount of capital in a U.S. business, own and control the business, submit a detailed business plan, provide financial documents, demonstrate the source of funds, and have the intent to depart the United States upon the expiration of the visa.
Conclusion
The E-2 Treaty Investor Visa can be a valuable tool for Kenyan citizens who are looking to invest in a U.S. business. However, it is important to understand the eligibility requirements and the application process before filing an application. Consulting with an immigration attorney can help ensure that the application is filed correctly and that the applicant has the best chance of success.
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Answered by mwakili.com