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E2 Visa 2021: The Three Most Important Areas of Focus to Obtain Approval

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.

Orlando: 407-478-1111
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18 COMMENTS

  1. Hi Mr Hurd. I'm a real estate investor based out of New Zealand. I have the intentions in the near future to open a property management firm in Texas. There would not be any great or significant intial costs of doing so which is my concern. I'm unsure how much they would require me to invest. Another thought is to buy a commerical property in cash to run the business from. Would this be enough to satisfy the requirement in the Governments eyes?

    Thanks,
    Theo H

  2. hi sir i have a question
    if i have a turist visa can i get this visa while i am in us? or do i have to leave the country and come back for the visa to apply
    URGENT
    thank you

  3. hi sir
    I'm from Egypt and I want to buy a restaurant in USA the price is 80,000 is that enough to have the E2 VISA , If that's good , do I need a lawyer, if so
    how can I communicate with you to

  4. Hello
    I’m citizen of canada . By profession I’m a truck driver. I’m looking to open trucking company. Now that’s been said I’m just an individual so I can just 1 truck for now range between $50,000 to $100,000.00
    Are there any chances for my situation to obtain E2 visa and operate by myself

  5. Hello Mr. Hurd, I intend to start my own business as a holistic therapist in Florida which would not require me to have a private practice or office right away because I would either receive my clients at home or visit them. Do you think your services can help me make this project feasible? Or is another visa more suitable for me? Thanks in advance.

  6. Hi Colombo,
    Question regarding E2 to GC pathway…Can my wife get her E2 by investing in or purchasing an existing business and then sponsor me for GC? Let's say the business has been in good shape for many years and I have the qualifying skills for labor certification. Thanks.

  7. Hi sir..
    Actually, I have a question since I am not in the united state and my money in Egypt, how can I transfer the money or open a bank account with my Egyptian document and ID. We are a group of investors, and we can open a bank account in Egypt with an international bank like HSBC or others, Also we have a US citizen who lives in the USA, he will be our future employee or partner.
    My email: eng.bahaazag@gmail.com., bahaazag@aim.com
    Highly appreciated your very interesting video and support.
    Bahaa Zag

  8. Thanks for the video, I have two questions:

    1) Can you get an E-2 for an existing business that you own? (Meaning that it's US-registered and US-based but you've been running it profitably from another country for months or a few years)

    2) Can the investment come from the business's past profits? If you formally pay yourself that amount of money so it becomes yours instead of the business's, is it possible to then be able to use it as part of the E-2 investment?

  9. Hello sir,
    I'm Italian citizen, and I want to applicate for an E2 visa, I heave a individual company construction here in Italy but I want to start a new general construction company in USA,
    My question is: it's possible to heave a E2 visa with 80.000 dollars in this type of business.?
    Thank you so much.
    Sincerely
    Eri Metaj.

  10. Valuable information, thanks.
    What if i want to buy 10% of the existing business ownership, assuming the business is worth around 2Mil and a person is ready to invest 200k equivalent to 10% of the business.

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