Category Archives: E2 visa

Does promissory note count as substantial investment for E2 Visa requirements?

An E2 visa requires the investor to make a “substantial investment.”  The question arises whether a promissory note can  count toward the substantial investment requirement?
A promissory note can count toward the substantial investment requirement for an E2 visa provided the investment is “at risk.”  These are some of the guidelines used in EB5 investor visa cases, which provides some guidance as to how the government might rule on E2 cases.
” (1) A promissory note secured by assets owned by a petitioner can constitute capital under 8
C.F.R. § 204.6(e) if: the assets are specifically identified as securing the note; the security
interests in the note are perfected in the jurisdiction in which the assets are located; and the
assets are fully amenable to seizure by a U.S. note holder.
(2) When determining the fair market value of a promissory note being used as capital under
8 C.F.R. § 204.6(e), factors such as the fair market value of the assets securing the note, the
extent to which the assets are amenable to seizure, and the present value of the note should
be considered.
(3) Whether a petitioner uses a promissory note as capital under 8 C.F.R. § 204.6(e) or as evidence of a commitment to invest cash, he must show that he has placed his assets at risk. In
establishing that a sufficient amount of his assets are at risk, a petitioner must demonstrate,
among other things, that the assets securing the note are his, that the security interests are perfected,that the assets are amenable to seizure, and that the assets have an adequate fair market value.”
To read more about requirements for EB5 investment visas, follow this link.
In other words, there must be collateral securing the note, the note must be properly perfected, the assets must be located in the U.S., and the assets must be capable of being liquidated.  Further, the applicant must personally guarantee the note.  The note cannot be a corporate obligation only secured by the assets of the company.  As noted, the requirements for promissory notes are stringent.   If you are a foreign investor seeking an E2 visa to enter the U.S., contact an experienced immigration attorney to handle your case.

Substantial Investment for E2 Visa

Substantial Investment for an E2 Visa:  An E-2 visa is available to a foreign citizen who wishes to the enter the United States solely to develop and direct the operation of an enterprise in which he or she has invested, or is in the process of investing a substantial amount of capital.   So what exactly is a substantial investment for an E2 visa?

There is no set dollar amount, but I recommend that you invest around $100,000.00 USD if you are purchasing a business with no other partners.   The government will consider both the amount of capital that you contribute as well as the percentage of capital.  For example, if the business requires $1 MM USD in capital, and other non E2 partners contribute $900,000, then the $100,000 that you contribute might not be enough because the number represents only ten per cent of the total capital contribution.  It is important to retain an experienced immigration attorney before undertaking the E2 visa to understand all the factors to make sure that the capital that you wish to contribute will satisfy the government requirements.

If you are interested in obtaining an E2 visa in Naples, Fort Myers, or Cape Coral, check out our E2 visa page on our website.

What is an E2 visa?

What is an E2 Visa?

The E-2 visa is available to a foreign citizen who wishes to the enter the United States solely to develop and direct the operation of an enterprise in which he or she has invested, or is in the process of investing a substantial amount of capital.  Requirements of an E2 visa include the following:

  • The United States and the foreign country must have a treaty that allows for the E-2 Visa.
  • Click this link to see which countries have a treaty with the United States allowing for E-2 visas.
  • Majority ownership or control of the investing or trading company must be held by nationals of the foreign country under whose treaty the E status is sought.
  • The foreigner must be a citizen of the country that has a treaty with the United States.

If you need a Naples immigration attorney who handles E2 visas, call the Rothrock Law Firm at 239-330-2534.

E2 Visa

E2 Visa | Rothrock Immigration Lawyer | Naples | Boca Raton | Miami | Ft Myers

E2 Visa | Rothrock Immigration Lawyer | Naples | Miami | Boca Raton | Ft Myers

Florida immigration lawyer Carl Rothrock files E2 Visa applications.

The E1Visa and E2 Visa are temporary business visas that allow an applicant to enter the U.S. to start a business. Carl Rothrock is an immigration lawyer in Naples, Florida, with additional offices in Fort Myers, Miami, Fort Lauderdale, and Cape Coral. The Rothrock Law Firm has successfully represented thousands of clients from more than 100 countries.  Several organizations have recognized Carl Rothrock’s achievements in immigration law, including the following:

  • “AV Preeminent Rating,” Martindale Hubbell, the highest peer rating standard given to attorneys who are ranked at the highest level of professional excellence and ethical standards by their peers.
  • “Top Rated Lawyers in Florida, Immigration,” Lawyers of Distinction, as published in Forbes and the New York Times.
  • “Top 10 Immigration Attorneys, Florida,”  Best of the Best Attorneys
  • “Top 10 Immigration Attorneys, Florida,” the American Institute of Legal Counsel
  • “Top Immigration Attorneys, Florida,” The Top 100 Lawyers
  • “Top Ranking Immigration Law Firms in Florida,” American Association of Attorney Advocates
  • “Immigration Lawyer of the Year, USA,” Lawyer Monthly’s Legal Awards.

E1 Visa Requirements

    • An E1 visa allows a foreign business owner to enter the United States to conduct business.
    • The United States and the foreign country must have a treaty that allows for the E-1 Visa.
    • Click this link to see which countries have a treaty with the United States allowing for E-1 visas.
    • The E1 visa applicant must be a citizen of the country that has a treaty with the United States.
    • The E1 applicant must own a majority interest of the foreign business and/or control the operations of the business.
    • The foreign business must engage in substantial trade with the United States.  At least half its international transactions must be with the U.S. In evaluating substantial trade, the government will consider both the number of transactions, as well as the dollar amount of gross income.
    • The E1 visa is temporary but can be renewed. The Consulate will issue the E1 visa from three months to five years, according to the terms of the individual treaty.
    • The E1 holder’s spouse and unmarried children under 21 can reside in the United States with the treaty holder. The spouse can work, and the children can attend public school.

E2 Visa Requirements

  • The E2 visa allows an applicant to own and operate a business in the United States.  
  • The United States and the foreign country must have a treaty that allows for the E-2 Visa.
  • Click this link to see which countries have a treaty with the United States allowing for E-2 visas.
  • The E2 applicant must be a citizen of the country that has a treaty with the United States.
  • The E2 visa applicant must own a majority interest in the U.S. business and/or must control the business.
  • The E2 applicant must manage the business. (S)he cannot simply work at the business.
  • The applicant must make a substantial investment, and the investment must be at risk. In other words, the applicant cannot simply put money in a business bank account.
  • The E-2 visa is temporary. The State Department will issue the visa anywhere from three months to five years, according to the terms of the treaty.
  • The E2 visa holder’s spouse and unmarried children under 21 can live with the treaty holder. The spouse can work, and the children can attend public school.

How Long Does it Take to Get an E1 or E2 visa?

  • If the applicant is currently outside the United States, (s)he must file the E2 visa application through the U.S. Embassy.  Although wait times vary, many of the Embassies are currently taking 4 to 9 months to interview E2 clients.  The Embassies are usually issuing the visa around 1 to 2 weeks after the interview.
  • If the applicant is already in the United States under another status, such as visitor status, (s)he may file an application for change of status while in the United States.  The U.S. government is currently taking around 10 months to process the application.  If the applicant pays an extra fee, the government will make a decision within thirty days. 
  • The Rothrock Law Firm usually recommends to its clients to file the application through the Embassy.  The Embassy issues the visa for up to five years.  During the period in which the visa is valid, the E2 visa holder can travel in and out of the United States.  If the applicant files the application through USCIS, the government will issue E2 authorization for up to 2 years only. Further, if the applicant leaves the United States before the 2 years ends, (s)he will not be able to re-enter the United States with E2 status.

Can the Rothrock Law Firm help me obtain E-1 and E-2 Visas if I live outside the United States?

Yes, the Rothrock Law Firm can represent you regardless of whether you live within the United States or outside the United States.  The attorneys at the Rothrock Law Firm are admitted to practice before the United States Immigration Courts in all fifty states. Many of our clients reside abroad when they hire us.

Prior to practicing immigration law, Carl Rothrock served as a complex litigation consultant to the defense teams of many Fortune 100 companies, including Shell Oil, British Petroleum, Chevron, Chesapeake Energy, Bank of America, UBS Bank of Switzerland, Johnson & Johnson, American Airlines and Walmart.  He also acted as counsel for over 800 clients in a defective product litigation involving defective construction materials. Our attorneys have a combined 65 years of experience and have filed thousands of immigration cases.

To Contact an E2 Immigration Lawyer today, call the Rothrock Law Firm at (239) 206-2363.