Avoiding E-2 Visa Denials: Common Mistakes Investors Make

Getting an E-2 visa can be complex, and investor mistakes can slow the process or result in a rejection. It allows entrepreneurs from other countries to invest in the US and legally reside in the country. The process should also result in Americans keeping their jobs or creating new ones. Dora Alicia Garza helps clients obtain E-2 visas by guiding them through the process and preventing costly mistakes. Garza Law Office, PLLC, will discuss common application problems and how to prevent them.

Immigration law office  Garza Law Office, PLLC, helps investors navigate the E-2 visa process to ensure that their business venture is set up for success. Whether you’re starting a business or expanding one, Edinburg immigration lawyer Dora Alicia Garza can guide you every step of the way.

What Is an E-2 Treaty Investor Visa?

The E-2 Treaty Investor Visa allows an entrepreneur from a country with a trade treaty with the US to live and work here by investing in a business. The amount isn’t set but must be enough to start and run the business. Unlike other visas, this one doesn’t have strict time limits, so you can continuously renew your E-2 status.

What’s the Eligibility for the E-2 Treaty Investor Visa?

You and your investment must meet specific criteria, including the following:

• Substantial Investment: Your investment must be substantial and enough to ensure the enterprise’s successful operation. There is no minimum amount, but the investment needs to be proportional to the cost of purchasing an existing business or creating a new one
• Real and Operating Enterprise: The business must be real, not just on paper or in the planning stages. It’s an active commercial or entrepreneurial undertaking that’s producing goods or services for profit
• Control and Development: You must have at least a 50%, controlling interest in the business and intend to develop and direct it
• Marginality: The business should generate income to provide at least a minimal living for you and your family or create a significant economic impact, such as job creation

If you meet these qualifications, an E-2 Treaty Investor Visa may be right for you and your family.

What are Common Mistakes Applicants Make?

1. Misfiling the Application

An applicant may misunderstand country-specific guidelines, causing errors. They may use outdated forms or send documents to the wrong address. The most current and related forms must be used and accurately completed. Applicants should review filing instructions and check each step before submitting the application. Edinburg immigration attorney Dora Alicia Garza can ensure your application is accurate and complete.

2. Omitting Essential Business Documents

Critical documents showing your enterprise is legitimate and operational may include the following:

• Business licenses
• Operational agreements
• Comprehensive financial records

Their absence may raise doubts about your business’s viability. Without evidence, you’ll struggle to prove that your business will thrive. Comprehensive financial projections are necessary to demonstrate your significant investment. You should submit a thorough dossier supporting your application covering all relevant business aspects.

3. Investment and Financial Errors

Financial readiness is vital when seeking an E-2 visa. Many applicants overlook critical financial requirements, hindering their chances of success. You must have enough capital and wise budgeting to secure this visa and ensure your business’s long-term viability.

4. Incorrectly Interpreting E-2 Visa Requirements

Edinburg immigration lawyer Dora Alicia Garza can help you avoid delays or rejection by preventing misunderstandings about the E-2 visa requirement and answering your questions along the way. If you mistakenly think you must invest excessive sums or don’t understand what a “substantial” investment is, you may have problems showing the legitimacy of your investment.

An Edinburg Immigration Attorney Can Help You With Your E-2 Visa Application

The E-2 visa application process requires planning, knowledge, solid documentation, and effective communication to avoid delays and succeed. Garza Law Office, PLLC, has considerable experience representing Texas residents in business immigration and investor visas. We will prepare a strong visa application, draft a detailed business plan, and address legal challenges that may arise.

If you are considering applying for an E-2 Treaty Investor Visa, contact us today for a consultation. We can help you navigate the legal process and set your business up for success. Call the immigration law office  Garza Law Office, PLLC, at (956) 329-1304 or complete our confidential contact form to start exploring your options.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.