Imagine investing hundreds of thousands of dollars in the United States after hearing about the E-2 Visa program, only to then realize that the new requirements have rendered all your investments insufficient.
Though the E-2 Treaty Investor Program seems like an attractive plan for shrewd investors that want to expand their businesses and obtain visas, there are many changing details that these investors must be aware of. As Trump’s administration continues to integrate new obstacles and details into the E-2 investor program, it is necessary to consult legal professionals on all the details before proceeding with the program.
One of the major advantages to consulting legal professionals before taking action is the increased probability that E-2 applications will be accepted. Like any program, there is not a 100% success rate in applications. However, with the right legal team at your service, investors will be able to create a competitive and compelling application.
To make matters more complicated, Trump’s administration has reviewed recent applications under greater scrutiny. This change only emphasizes the importance of making strategic investments that will be appealing to your E-2 applicant reviewer (consulate).
How then, can I increase the chances my application will succeed?
There are two main facets these consulates are looking for: capital investment and job creation. With legal advice and expertise, a specialized team will help focus on those specific areas in order to strengthen the most important parts of any application.
Trump’s administration has consistently followed the motto “buy American hire American (BAHA)”, which focuses on investments made in the United States. More specifically, this motto reflects the criteria examiners use to rigorously question the need for an E-2 employer where U.S. workers could perform new tasks. Though this may be intimidating to hear that not all applicants are accepted, the smartest investors who understand what these consulates are looking for can rest easier.
With the help of legal professionals, some investors actually use Trump’s “buy American hire American” motto to their advantage. For example, recent data and research have suggested that capital investments of $200,000 that creates 15 American wages will be reviewed more favorably than a capital investment of $50,000 that creates only 5 American wages.
Besides increasing the probability that E-2 applicants will succeed, legal professionals are also well-versed in the many changing details the USCIS requires. As discussed, capital investment and job creation is only a part of the entire application; so if investors are serious in pursuing the E-2 investor program, it is of utmost importance that they consult a legal professional before proceeding.
This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.
Ms. Ramona Kennedy received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA).
She is licensed to practice in US Immigration Courts, California federal Courts of Southern & Central District & the United States Supreme Court.
Ramona Kennedy is fluent in English and Farsi (reading & writing)
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