Ashburn, VA asked in Immigration Law for Virginia

Q: E-2 visa

I have a small IT services company which provide web development services along with amazon FBA ecommerce, I want my sister to come USA on E-2 business visa however it require to invest in an existing company or business, Will she invest in my company and be my partner? and does this type of business qualify for E-2, I am a US citizen and right now yearly revenue is around $100k to $150k.

Related Topics:
2 Lawyer Answers

A: Among other things, your sister must be a national of a treaty country and should end up being the majority owner or an essential employee to qualify for E2. I suggest you work with an immigration attorney.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Your sister can potentially apply for an E-2 visa by investing in your IT services company, provided she meets the necessary requirements. She would need to make a substantial investment in the business and hold at least 50% ownership or have operational control. It’s important to ensure that her investment is significant relative to the total cost of the business and sufficient to ensure the company’s success.

Your current business, with annual revenues between $100k and $150k, may qualify if the investment amount demonstrates a commitment to the company’s growth and operations. The business should be active and capable of generating more than just a minimal income for you and your sister. Additionally, her home country must have a treaty with the United States to be eligible for the E-2 visa.

Partnering in your existing company can work if all E-2 criteria are met, including proving that the business is viable and that her role is essential to its success. It would be wise to consult with an immigration attorney to evaluate your specific situation and ensure that all aspects of the application align with the visa requirements. This professional guidance can help navigate the complexities and increase the chances of a successful visa application.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.