What Is The Back Draw Of Business Immigration Law?
Why are businesses so interested in immigration law? The answer is simple. The modern economy is incredibly integrated globally and doing business means being able to cross borders expeditiously. Of course, when talking about crossing borders we talk about people, business, and most importantly, the capital. Business immigration law controls and specifies the kind of regulation concerning immigration for businesses.
The main type of business visa in the United States is the E2 visa. Also known as the business investor visa, the E2 visa allows foreign investors to come to the United States and work or invest. Specifically, the law specifies that an E2 visa holder can establish, develop and operate a business in the United States. The holder can also invest a substantial amount in an already existing business, thus becoming the majority shareholder in the organization. The E2 visa is available for citizens from 75 countries and the specific requirements for each country are different.
The advantages and disadvantages of E2 visas
The Business Immigration Law in the United States is complex and there are a lot of specifics that have to be known before investing in the country. The E2 visa is the most popular and convenient way for a foreign national to do business in the United States. Here are some of the advantages of this visa:
– There is no minimum investment required – there are no precise financial requirements when it comes to the amount invested; the law states that the investment must be sufficient to build, develop a successful, non-marginal business. Although there is no set minimum amount, the State Department considers a successful business investment to be at least $150,000.
– The children of the E2 visa holder can attend any school in the country
– The holders can stay outside the United States and can re-enter the country whenever they want, as long as the visa is valid
– The visa holder can start businesses in any sector, across the country and all national and state laws apply equally for them; some states may have specific rules but are easy to understand if you have a good business law attorney.
The drawbacks of the business immigration law and the E2 visa
Business immigration law can be fairly complex for most potential investors. The application process and the specific requirements for the visa can be overwhelming for most potential foreign investors. The criteria for obtaining the E2 visa can also be very different depending on the country of origin for every investor. Ideally, the whole process should be handled by a business law attorney. This includes the consultation, the application process, the creation of the business and the compliance to state or local laws, as well as the visa renewal process. The entire process is very complex, so getting the right type of help is critical.
One of the main drawbacks of business immigration law is that every criterion must be demonstrated before the application. Essentially, the investor must prove that he or she is already prepared to obtain the visa, before the actual application. This means that the investor has to have a complete investment plan, a good business idea and must present guarantees that the business will be viable.
The E2 visa renewal process is difficult, especially if the initial business failed. Essentially, an investor has one chance. If the first business failed, or the profits were very low, or in case of bankruptcy, the visa renewal is denied. If the business is active, but struggling and doesn’t show any signs of growth, the visa will usually also be denied.
E2 visa holders can only work for the investment business. The holders can’t have jobs at other companies or work as independent contractors. The E2 visa is not a work visa, so you should pay attention to what you can and can’t do.
If the business fails, the holders have to leave the United States, even if the visa is still active and it has not expired yet.
The children of the E2 visa holders can attend any educational institution across the United States, but only if they are under the age of 21. After turning 21, the children have to apply for a different visa on their own, either a Student or Specialist visa, depending on their specific needs.
The E2 visa is not a residence visa. Although the E2 holder can stay in the country for up to 5 years, the visa does not grant resident status to the holder. This is because the E2 visa is a non-immigrant visa and is only temporarily available.
If the holder wants to have their residence in the United States, he or she will have to make an application for a different type of visa. The E2 visa cannot be a basis for qualifying for permanent residence. If there is no application for the residency visa, the E2 holder must leave the country after the visa expired. Talk to your business law attorney to understand the specifics of the law and how to avoid this issue.
The E2 visa holders and their families get the E2 status only for a maximum of two years every time they re-enter the country. This rule is enforced even if the visa is active for much longer. This rule was created to help larger families, which can have large travel costs.
E2 visa holders do not qualify for the majority of the benefits offered to permanent residents. These include federal and state government benefits and aid, like homestead exemption, federally insured student loans, certain types of medical insurance, financial aid and scholarships for educational purposes. Some private organizations may also refuse certain types of financial aid, such as bank loans or insurance policies. Please pay attention to the whole list of services that you can and cannot get with an E2 visa under the business immigration law. Also, keep in mind that there are multiple rules and regulations depending on which state you want to do business in.