E 2 Visas Investing in the US RUPERT

E 2 Visas: Investing in the US RUPERT LAW GROUP (323) 434 -4385 ARUPERT@RUPERTLAWGROUP. COM

About Rupert Law Group Immigration law firm located in Los Angeles Help people all over the US and all over the world Focus on E 2 visas Our keys to a successful case Excellent client communication Simplicity for the client Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Which comes first? Chicken and Egg How can you get a business without an E 2? How can you get an E 2 without a business? Answer: You can get a business without an E 2 (Patrick has the answers there!) You CANNOT get an E 2 without a business. Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Which business works best for E 2? Great news – any business that is Legal For profit Considerations: Your previous work experience Location and cost What can you run successfully? What business do you most understand? Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

E 2 Visas: Pros Relatively quick immigration process (typically only 60 -120 days) Smaller investment than EB 5 No minimum number of employees Any industry/business is eligible Spouses and children under 21 can come with the investor Indefinite stay in the US (Some stay for 20 -30 years) Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

E 2 Visas: Cons Only nationals of certain countries are eligible Children “age out” at 21 NEVER becomes a green card Need to reapply every few years Change in ownership or business can be an issue Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

E 2 Visas: Requirements Must be from a “treaty country” Must have invested or in the process of investing a “substantial amount” Enterprise must be real and operating Enterprise must not be marginal Applicant can “develop and direct” the enterprise Intent to depart the US after visa ends Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Nationality Must be a national of a treaty country US doesn’t recognize dual citizens For all purposes of this visa process, must present as a citizen of one treaty country Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Investment The investment portion is scrutinized the most Will look at the following aspects Possession and control of money Risk is involved NOTE – No non-profits Capital must be “irrevocably committed” Escrow will count as “irrevocably committed” if the only contingency is the issuance of the E 2 visa Needs to be clearly written and submitted Substantiality of investment Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Invested or “in process of investing” What is meant to be “in the process of investing? ” Must be “close to the start of the actual business operations” Merely “signing contracts (which may be broken)” WILL NOT WORK Having only intent to invest or “uncommitted funds in a bank account or even prospective investment arrangements” WILL NOT WORK Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Investment: Possession and control Must be in “possession and control” of capital assets and money invested Need to show source of money Can be any legitimate source including a gift or inheritance Inheritance of a business WILL NOT WORK What about a loan? Yes, but mortgage debt or commercial loans secured by the assets of the business WILL NOT WORK Loan should be backed by personal assets Unsecured loans must be based on the investor Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Investment: Substantiality The investment must be substantial There are no mandatory minimums, but needs to be enough to ensure the success of the business Proportionality test. It’s an inverted sliding scale. The lower the cost of the business the higher a percentage of investment is required. Compare (1) the amount of qualifying funds invested, and (2) the cost of an established business or the cost of establishing a new business. If the two figures are the same, the investor has invested 100% of the required funds; such an investment is substantial. Typically the cost of an established business is its purchase price, The cost of a new business is the actual cost needed to establish such a business to the point of being operational. Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Investment: Evidence Receipts, contracts, cancelled checks Need to show that you have already spent the money Pre-payment for monthly expenses: lease, other rental equipment Equipment, inventory, goods on hand, other assets Intangibles/intellectual property Professional services (CPA, attorney, etc. ) Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Real and Active Must show that business will offer a service or produce a product No investments as businesses Real estate can work, but needs to be a business Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Real and Active: Evidence Business License/business permits Utility/telephone bills Invoices from suppliers Marketing/promotional literature Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

More than “Marginal” Looking to ensure that you will have a business that does more than provide a minimal living for you and your family. Show employee hiring plan Profit projection Business plan Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Direct and Develop Must own at least 50%, but 51% is better The more complicated the ownership structure, the more complicated showing this requirement becomes. Also consider age, prior work history Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

E 2 Visas: Procedure Documents are gathered by client and sent to attorney Attorney prepares an E 2 “packet” and submits to consulate in home country Client gets interview date (usually within 4 -12 weeks of submitting the materials) Client goes to home country to interview Client usually approved or denied at window Client leaves passport, visa is printed and affixed to passport within 3 -5 business days. Client picks up passport or passport is mailed to client Welcome to the US! Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Consular Interview is incredibly important Interview will last between 30 seconds (yes, I’m serious) and 10 minutes. Average interview time is 2 -3 minutes. Must know the entire packet submitted. Consular officer can ask anything. Many times, officer has not reviewed the forms or packets before the interview. Officers have “seen it all. ” They are looking for anything that seems “not right. ” Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

USCIS? Although filing for E 2 through USCIS is possible, we don’t recommend DOS doesn’t have to abide by the USCIS determination If you leave the country, you will need to essentially refile Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Family and E 2 Spouse can work in US anywhere. Including at the E 2 investor’s business, or in their own brand new business. Children under 21 can come over and attend school. No working. At age 21, children need to change status or return to home country. Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Common Questions Can money be in the bank account waiting for E 2 approval? NO What is the minimum I can invest? Unsatisfyingly: a “Substantial amount” Can I have a US business partner? Yes. 50% MAX owner (49% is better) How can I show the investment? Depends on the business. (Legal fees count!) Just paid two months of rent at an office. Can I count the whole year? NO Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com

Questions? Ready to discuss your case? Angie Rupert Law Group Rupert. Law. Group. com Arupert@Rupert. Law. Group. com (323) 434 -4385 Rupert Law Group (323) 434 -4385 Arupert@Rupert. Law. Group. com