Keeping a Family together through the E-2 Visa: Client Case Study

Our client wanted to be temporarily reunited with his wife who was living in the United States, but time limitations to his visitor visa meant he had to seek a longer- term alternative. The E-2 Treaty Investor Visa proved the optimal solution.

By Verdie Atienza, Senior Attorney, Head of E-2 and L-1 Visa Practice

Our firm assisted a Jordanian national to with obtaining an E-2 visa and subsequently a green card. While he is married to a US permanent resident, he did not initially wish to reside in America permanently.

Since he did not want to be apart from his wife for too long, he entered the US on his visitor’s visa and was given a period of 6 months of authorized stay.

Prior to the expiration of his period of authorized stay, he has decided that he wants to stay for a longer period of time to determine whether he wants to permanently decide to live in the US or convince his wife go back with him to Jordan. We recommended the change of status to E-2 option for him.

Our firm assisted him in setting up his E-2 company and guided him on making the investments. He opened a bakery restaurant which offers a variety of Lebanese-style flatbreads with a variety of toppings, with options for meat-lovers, vegetarians, and vegans.  

Having a permanent resident wife posed a hurdle in terms of proving his non-immigrant intent. We worked with the client in documenting ties to Jordan and we successfully obtained an approval which granted a period of authorized stay of two years on E-2 status.

The success of his business changed his mind about his future in America. He decided to apply for permanent residency by virtue of his marriage to a Green Card holder.

The priority date for spouses of permanent residents had recently become current and so we advised him to immediately file an adjustment of status application.

The application has been approved and he is now waiting for his Green Card. With careful planning, our firm managed to lessen the client’s physical separation from his wife.

What is the E-2 Treaty Investor Visa?

The E-2 Visa allows a person to move to the United States for the purposes of investing in and running a business. The visa is renewable indefinitely, provided the underlying business remains in operation.

Spouses can move to America along with the primary applicant and can apply to work outside the business. Dependant children can also move to the United States with their parents.

Investors can choose to purchase a ready-made franchise business provided it complies with the E-2 visa regulations. Davies & Associates has a team of corporate lawyers to make sure the franchise or start-up is structured in a way that complies with all the immigration regulations.

While many E-2 clients opt to invest in restaurants or retail, some choose to have businesses that do not necessarily require a bricks-and-mortar presence. These people benefit from a recent innovation to the E-2 visa program that no longer requires the business to have a physical premises.

Who is eligible for the E-2 Treaty Investor Visa

Eligibility for the E-2 Visa is determined by country of citizenship. An applicant must hold citizenship of a country that holds an E-2 Treaty with the United States.

The full list of countries with E-2 Treaties can be found here. Jordan holds an E-2 Treaty with the United States, so this client was directly eligible for the program. Since there are no quotas for this program, the client was not subject to any waiting lists and his application could progress quickly.

Furthermore, since the E-2 Treaty is governed by treaties, it is less exposed to political machinations than most other visa categories. These treaties tend to outlast short-term political changes in Washington.

If the client had not been from an E-2 Treaty Country, the client would need to have first obtained citizenship of an E-2 Treaty Country. The two E-2 treaty countries offering the quickest and most cost-effective pathways to citizenship are Grenada and Turkey.

Grenada offers dual citizenship within just a few months in exchange for an investment in real estate starting from $220,000 or a donation to a government fund starting from $150,000. Turkey requires a $250,000 investment in real estate or $500,000 deposits placed with Turkish banks.

Please contact us for more information: vatienza@usimmigrationadvisor.com

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. External links are not an endorsement of the content.


Tips on How to Get Your Green Card for the USA

Obtaining a green card for the United States is something which most people wish to achieve. The US green card gives you the permission to live in the United States and even work there permanently. It also grants you the permission to be able to apply for citizenship. You are allowed to travel freely to and fro from the US, study there and also can participate in the employment programs which are conducted in the US. You also get US government benefits if you own a green card in the US.

Obtaining a green card is a somewhat complicated procedure. Below listed are some of the tips which can be followed to get a US green card:

1) If you marry a citizen of the United States, then you can get a US green card easily. If your loved one belongs to the US and has American citizenship, then after marrying, you are eligible to obtain a green card. However, just for getting a green card for the US, if you marry or date someone, then it is regarded as a case of immigration fraudulence.

2) If any of your family member who resides in the United States and has American citizenship is willing to sponsor you for obtaining a green card, then you can also be able to acquire US citizenship. US citizens have the option of sponsoring their family or relatives staying in another country to obtain a green card through their sponsorship. However, this type of sponsorship can take up to a few months to even years for obtaining it. You should always carefully find out the priority dates and the approximate wait time before deciding to get a green card for the US through this method.

3) You can also obtain a green card if a US-based company sponsors you. If you have the required and necessary skills and knowledge which a US company needs, then you can get sponsored by that company for obtaining a green card. If you do not live in the United States, then you can contact employers of the US companies to sponsor you in this regard. It can be complicated for you to obtain a green card if you do not have any contacts or sources in the US.

4) If you have enough money and resources and can afford to start your own business in the United States or invest in any US-based company, then you can obtain a green card. However, this method involves large capital investments and money.

5) You can also try your luck by taking part in the Green Card Lottery. If you are lucky enough to be randomly chosen amongst all the other applicants, then the process of obtaining a US green card will be a rather more simple and quick process for you.

If you really wish to permanently live and work in the United States and acquire a green card, then you should keep in mind to apply for a green card in the US in such a way which offers you permanent residence in the United States quickly and easily.