Attorney Rusten Hurd explores three of the most significant hurdles associated with obtaining the E-2 Visa headed into 2021. As many consulates around world have are reopened and are once again processing E-2 Visas, Mr. Hurd provides an examination into three keys to E-2 Visa Approval. The first Key is to ensure compliance with the Buy American Hire American Executive Order which remains in effect and requires to issue the E-2 only after a demonstration that issuance of the visa will create “higher wages and employment rates for workers in the United States, and to protect their economic interests.” Although employment creation for US workers was not previously a requirement of the E-2 Visa, over the last few years this has become a significant focus of the consulates.
The second area of focus is to demonstrate that the funds invested are at risk and irrevocably committed to the commercial enterprise. The investment cannot merely be an idea on paper but, rather, the business must be functioning or ready to open its doors soon after visa issuance. The final area of focus concerns the sometimes inconsistent nature of the substantial investment requirement. How much does is required for investment to obtain the E-2 Visa? Mr. Hurd explains the ongoing trend here and how it has evolved depending on the nature of the business and consular post.
Mr. Hurd has over 20 years of experience in legal practice. As a result of his quality legal service, Mr. Hurd has been awarded an AV rating by the Martindale-Hubbell Law Directory. An AV rating is the highest such rating available to any single lawyer for skill and integrity and the rating is reserved for attorneys designated as outstanding in their field. The lawyers of Colombo & Hurd are experienced with a variety of E-2 Visas and have successfully obtained E-2s from citizens of many countries around the world including Albania, Argentina, Australia, Bangladesh, Belgium, Brazil (through dual nationality with Italy or Spain), Bulgaria, Canada Chile, China (through dual nationality with several countries), Colombia, Costa Rica, Ecuador (though this treaty is now expired), Egypt, France, Germany, Honduras, Ireland, Italy, Jamaica, South Korea, Mexico, Morocco, Netherlands, Panama, Philippines, Poland, Romania, Spain, Sri Lanka, Sweden, Thailand, Trinidad & Tobago, United Kingdom and Venezuela (through dual nationality with Italy or Spain).
For more information on the E-2 Visa process please feel free to visit our website here: or you can contact us to schedule a consultation.