E-2 Visa: Worried about your Children “Ageing Out”?

Are you worried about your children “ageing out” of a family E-2 visa? Are you worried about leaving behind extended family members? We can help you solve this issue with some careful planning.

By Verdie Atienza & Sukanya Raman

If you are planning to move to America but are concerned about your child age and your extended family members to be a part of your application, we have a solution for you.

We see that a lot of Indian nationals are enthusiastic to move to America for obvious reasons like business opportunities, better standards of living, healthcare, education, etc. Though, take a step back as in most visa categories are limited to spouse and children below the age of 21 including the E-2 Treaty Investor visa.

The spouse and children may apply for E-2 derivative visas. The spouse may apply for Employer Authorization Document (EAD) to work for any US employer and the children are permitted to study.  

There are ways to structure the E-2 enterprise to address the issues of ageing-out for children and qualifying other family members. As once the children turn 21 they will cease to qualify as dependents under the E-2 Visa.

We can structure the E-2 enterprise in such a fashion that it qualifies children over the age of 21, dependent parents, unmarried siblings.

To qualify for the E-2 Treaty Investor visa, the requirement is to own at least 50% of the E-2 company to show operational control. For this reason, the E-2 company may qualify two Treaty Investors having 50-50 ownership. The child who may age-out can make an investment to acquire at least 50% of the E-2 enterprise to qualify himself as a Treaty Investor.

If the goal is to bring members of the extended family like parents or siblings, they can be made 50% owners of the E-2 company, and they may also obtain derivative visas for their spouse and dependent children as well.

In cases where there are multiple family members, two or more E-2 enterprises can be set up. With relatively low investment requirements, it should not be too difficult for foreign entrepreneurs to raise capital.

Another advantage of the E-2 option is that the E-2 enterprise may file a petition for E-2 employees who must be the same nationality as the treaty investor. The prospective employees must either be engaged in duties of an executive or supervisory character or if employed in a lesser capacity, have special qualifications.

Children over 21, parents, siblings, and other extended family members may potentially qualify for E-2 Employee Visas provided they have the same nationality, and they meet the requirements for employees under the treaty.

India is not a Treaty country, but with attractive Citizenship by Investment (CBI) programs offered by countries that have E-2 treaties with the US like Grenada, Turkey and Montenegro, the path to the E-2 visa are clear. Compared to the investment the amount for EB-5 Immigrant Investor Program and the wait time to get a green card is much longer than the E-2 Visa.

The processing time for E-2 visa is much quicker ranging from six to eight months from the date of application. Meaning, your children can start school in American from the next academic year onwards. E-2 visa is not like other non-immigrant visas. E-2 visa can be renewed indefinitely, which gives you stability and permanency. There are no country limit or quota limit under the E-2 Visa.

To conclude, below are the most well-known advantages of the E-2 visa:

1.           Quick Processing Times

2.           No Quota Limitations

3.           Relatively Less Capital Investment Needed

4.           Funds to be Invested may come from various sources

5.           Control of Investment Funds and the Treaty Enterprise

6.           You may opt for a franchise

7.           Dependents are entitled to E-2 derivative visas

8.           Flexibility with Travel

9.           Potential Tax Advantages

10.         Relatively Low Legal Costs     

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.


Grenada Citizenship by Investment Programme

Grenada Citizenship by Investment: Spouses & Single Applicants

Grenada has one of the most cost-effective citizenship by investment programs in the world. A $150,000 donation to the National Transformation Fund or a $220,000 investment in real estate leads very quickly to citizenship of a beautiful, stable, economically diverse country.

The investment route is especially popular, because it offers the chance of having the capital returned. The main investment opportunities are luxury hotel developments under construction on the island. Yet some people opt for the donation route because it better suits their own circumstances.

Unlike the investment route, the donation requirement changes depending upon the number of family members seeking Grenadian citizenship. A single applicant is required to invest $150,000. However, that increases to $200,000 if you plan to bring a spouse with you.

The extra $50,000 may be prohibitively high to some applicants. This could be the case if they are planning an E-2 investment and need capital to start-up or acquire a business in the United States.

There is a way around this. The Grenadian constitution entitles the spouse of a Grenadian citizen to Grenadian citizenship. So it is possible to apply as a single applicant, save $50,000, and arrange citizenship for the spouse at a later stage.

There is a timing issue here. Citizenship by Investment processing times are incredibly short – averaging just 45 days. If both spouses require citizenship quickly then it you should consider a dual CBI application.

However, if you are in no rush for the spouse to obtain Grenadian citizenship, you could consider the slower route. Applying for Grenadian citizenship as a spouse through the general processing route may take two years.

Such a situation might suit someone considering an E-2 application. Provided that the E-2 applicant is the same as the Grenada CBI applicant, an accompanying spouse does not need to have citizenship of an E-2 Treaty country. This explains why there are small numbers of E visas granted to Indians (221 visas in 2019) and Vietnamese (19 in 2019). Neither is an E-2 Treaty Country.

Each person or family’s situation is different. It is vital to engage with an attorney to discuss the best options to suit your circumstances. The information in this blog is for illustrative purposes and does not constitute legal advice. Please contact us directly to arrange a consultation.