Today we begin our series of blog articles on the filing of an E-2 form, the Investor’s Visa. In the first place, you must be aware of five requirements you must fulfill before making the application for the E-2.
Think of these preparatory steps as your Five Keys to Free Enterprise in the United States.
Each key requirement also demands certain types of evidence to help you legally prove your eligibility, and support your petition.
Key Number One: USCIS defines an E-2 investment as your deliberate investment of money and assets “at risk in the commercial sense.” Naturally, and admittedly, you do this with the purpose of making a profit. That is totally understandable. Why? Perhaps you are creating a new business or purchasing one that has already been established. Organize your facts and figures because you must prove that “the capital you are investing” is significant.
Key Number Two: This key is given to you for telling the truth about your investment. It must “a bona fide enterprise and may not be marginal.” In legal language, the “bona fide” part of this key means that the enterprise is a real, honest, and active business. Quite simply, it must provide goods or services in return for profit.
No! It cannot be an inactive investment held for potential value.
No! It can not be undeveloped land.
No! It can not be stocks “held by an investor,” who has no intention of “directing the enterprise.”
By definition, a “marginal enterprise” is a business that will not create enough income to provide a good living for you and your family. You might call it a very “risky” business; no one would want such a thing! You must understand that you do not qualify for the E-2 form if bare, meager existence is all you can expect.
Key Number Three: According to USCIS, the third key to your Free Enterprise in the United States is, “You must be able to prove you are in possession of the funds you will invest, and the funds must be committed to your business.” Basically, you need to prove you have the money to participate in this financial adventure of a life time.
Next week, please join us here at the Morgan Law Counselors’ blog, and we will give you more details of these three basic keys, as well as tell you about Keys Number four and five. Then, after we have given you the five keys to understanding the form, we will present you with the basics of the actual Investor’s Visa E-2. We know it seems like a lot of work, but we have discovered that when we prepare you for the paper work, you understand the legalities of it, and that is why we call this blog a “Key-Sheet.”