E2 Visas - Frequently Asked Questions


If I apply for an E2 visa are my spouse and children covered by my application?
Yes. The Law Offices of Suzanne E. Vazquez, P.A. will ensure that the appropriate forms and documents are included in the application pack for derivative E2 visas for your spouse and any children who are under the age of 21 who will be accompanying you to the United States.

Which are the E2 Visa requirements?
Some of the key statutory criteria used in evaluating an E2 visa application are: the Treaty must exist between the United States and the country of nationality of the applicant; the applicant has invested or is actively in the process of investing; the applicant's investment is substantial; the applicant is in a position to develop and direct the enterprise. For more information please visit out E2 Visa requirements page.

Can my spouse work in the United States?
Yes. Once the E2 visa is approved and you arrive in the United States, your spouse can apply for work authorization. Our US Immigration Attorneyswill assist you with this once you are in the United States.

Can my children work in the United States?
No. Your children are not authorized to work in the United States while they hold a derivative E2 visa based on your E2 approval.

Can my children attend school in the United States?
Yes.

How will I know what school to choose for my children?
Research - Do as much research as you possibly can to look at schools in the area that you want to live. Contact the schools and ask for information, and look online and look online at the schools' websites. Look at Private vs. Public school options.

I've heard that your children are forced to leave the United States when they reach 21, is this true?
When your children reach the age of 21, they are no longer permitted to stay in the United States on a derivate E2 visa (i.e. on the basis of a parent’s E2 visa approval). Your children would have to either leave the United States or apply for a visa in their own right. For example, if your child was studying at a University, they could apply for a Student's visa to allow them to finish their studies. Prior to them completing their studies and obtaining a degree qualification, they could try and secure employment from a United States employer and apply for a H1B Visa. Alternatively, your child could buy a business or start a business and apply for an E2 visa in their own right.

Do I need to be in the United States to start the process and instruct my immigration attorney to assist me?
No. Our Florida Immigration Law Firm can correspond with you via Skype, email, telephone etc. Contact us to arrange a consultation.

Do I need to travel to the United States before the E2 application is submitted?
No. However, you may want to consider whether you are comfortable buying a business without seeing what you are buying and talking to the sellers? We strongly recommends that you visit the United States prior to deciding which business to purchase. The business broker can send you details of any business you are interested in and you can create a shortlist of businesses you want to find out more in-depth information about. Once you have your shortlist, you can come over to the United States on a 90 day visa waiver or on a 180 day B1/B2 visa. Both methods permit you to look at potential businesses to purchase, sign an Asset Purchase contract, however, they do not permit you to operate any business until you have been approved for and E2 visa.

What happens after the E2 application is submitted to the Embassy?
Once your application pack is completed and filed, you will then be called to attend an interview at the Embassy. It is currently taking approximately 8 to 10 weeks from the date of receipt of the application for the interview to occur. The Embassy may contact you and our immigration law firm and ask for further evidence to be provided prior to the interview. Sometimes the Embassy asks for such further evidence to be submitted immediately or sometimes they ask you to bring the information to the interview.

What will the interview be like and what should I say?
The interview should be straight forward. The Embassy Officer may ask you questions about your reasons for wanting to apply for the E2 visa, they may ask you to explain your business growth plans that are detailed in your business plan, and they may ask any other questions about your personal life or personal intentions. What should you say? Tell the truth!

You and your spouse and any children over the age of 14 years are required to attend the interview. You can take younger children with you if you want.

Remember to take your passports with you to the interview! This is where your visa will be printed if your application is approved on that day.

What happens if my visa application is denied?
If your visa application is denied, the Embassy officer will give you reasons for the denial. You should contact us immediately if this happens.

What happens after my visa application is approved?
Once your visa application is approved, the Embassy will send your passports by courier service to your home address. You should receive these within 3 to 5 days of the interview. You are then free to travel to the United States.

What do I have to do when I arrive in the United States after my visa has been approved?
When you arrive at the airport in the United States, the Immigration Officer will review your passport and he or she may ask you questions regarding your E2 business. The Immigration Officer will then stamp your I-94 card with the maximum date that you can remain in the United States. The I-94 card will be put into your passport.

You will then arrange with the business broker for a suitable date to do the closing on the business that you are purchasing. Once the closing takes place, the escrow agent releases the funds from the escrow account to the seller and you take over control of the business. The business broker will have allowed time for a period of training (detailed in the Asset Purchase contract) so that the seller can show you the operation of the business.

You should then apply for a United States Social Security Number (SSN) – as the E2 principal investor, it is not necessary to have a SSN to commence operating your business as you will have a valid tax ID for your business. However, it is advisable to obtain a personal SSN also. After your spouse has obtained work authorization, he/she should also apply for a SSN.

Your children are not eligible to apply for a SSN, but can apply for an ITIN (individual tax identification number) and this will be necessary to open a bank account with some United States banks. It may also be necessary for you to claim allowances for your children on your annual tax returns to the United States Internal Revenue Service (IRS).

Finally, you should also arrange to take your Florida driving test so that you have a valid Florida and United States driving license.

The Embassy gave me a Visa valid for 3 years but the Immigration Officer at the airport said I only have permission to stay in the United States for 2 years – why is that?
This is because a visa only gives you permission to come to the United States and ask for entry in the particular category of your visa. The length of time that the visa is valid for is the length of time in which you can leave and re-enter the United States and ask for permission to enter on the particular visa category. By law, the immigration officer can only permit you a length of stay in the United States of a maximum period of 2 years. It is extremely important that you never overstay the date on your I-94 card.

How do I renew my visa?
The Law Offices of Suzanne E. Vazquez, P.A. will assist you with this when the time comes. If you need a renewal, please try to contact us well in advance. The renewal process is not immediate and a visa holder will never want to be without immigration status while living within the United States.

 

Immigration News

 

Immigration Overview
Practice Areas

Featured Articles
CONTACT US

Name

Email Address

Phone

Legal Issue

captchaRefresh

Please enter the text from the image:



 

Google+ Like Suzanne Vazquez in Facebook Twitter Account Linkedin
Portuguese Version of the Website for the Orlando Immigration Law Offices of Suzanne E. Vazquez

Telephone: (407) 674-6968 • After Hours: (407) 925-2554 • Fax: (407) 965-5328 • Email: info@ImmigrationHelpToday.com

319 North Fern Creek Avenue, Orlando, Florida 32803

Tampa Office (Westshore area) By appointment only: 813-400-0055


Copyright 2017, Suzanne E. Vazquez, P.A.

Member of the AILA - American Immigration Lawyers AssociationAVVO Top Immigration Attorney Suzanne E. VazquezAVVO Board Certified Immigration Lawyer - Clent's Choice 2012Board Certified Immigration Attorney by The Florida Bar

The Information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own particular case.