Investor Visa Application Price Increase

Mastering E2 Visa Interview Questions With Expert Tips

E2 Treaty Investor Visa

An E2 Investment Visa is a nonimmigrant visa that allows nationals of E2 treaty countries to reside in the US with their families. Each E2 investor is required to make a substantial investment in a U.S. enterprise or business.

A treaty country is defined as a country that has a signed treaty with the United States or with a qualifying international agreement, or which has been deemed qualified by legislation. A list of E2 visa countries is available by following this link.

The E2 Treaty Investor Visa allows you to start a successful business in the U.S. and stay in the U.S. indefinitely. The E-2 Visa process for applying for this visa can be complex. After submitting your application and documents, you will need to arrange an appointment to attend an interview with the immigration officer in your local US consulate to answer any questions regarding your application and provide additional information should it be needed.

It is also possible to change status to E2 status from within the United States. As an applicant for change of status is already in the US E2 visa is not initially needed. Once a person and an interview can be avoided. However, upon leaving the US a person in visa status will need to obtain an E2 visa at a US consulate.

E 2 Visa Expectations

An E-2 Visa interview has a number of purposes. An E-2 investment Visa interview serves to not only to verify your identity but also to check any information the visa applicant has provided in their application and to ensure that they satisfy all the requirements of the visa. If you’re the applicant, you may be asked to provide additional information even though you have provided all documents or information needed.

The interview is usually conducted by a consular officer who will ask questions related to your visa application and your future stay in the U.S. The officer may start with a few general and simple questions before going into detail about your application.

If you fail to answer your interview questions or simply fail to attend the interview itself without any reasonable explanation, your visa may be refused. So it’s important to attend and prepare for your interview.

The key to success in an E2 visa interview is to thoroughly understand your business and the business plan.

Preparing for an E2 Visa Interview

There’s nothing wrong with overpreparing yourself for your visa interview, especially since it will determine if you’re qualified for an E2 Visa. To help you prepare for your interview, we’ve highlighted some of the things you need to do:

Lay the groundwork

There’s nothing wrong with overpreparing yourself for your visa interview. You  have to bring necessary documents such as a complete copy of your E2 visa application process and copies of your and your family members’ passports, birth certificates and marriage certificates. Where the US business is already operations we also suggest brining updated business bank account statements to the interview. The interviewing officer may also request additional documents
before your interview, so you should be ready to submit them.

As the requirements at each US consular post vary we strongly suggest that applicants speak with an immigration lawyer experienced with E2 visa interviews at your consulate. They will be able to give more detailed guidance as to documents typically required at interview.

Study ahead of time

The interview will focus on your business and relevant personal qualifications in great detail. You must therefore be able to discuss in your business including source of funds, type of business, industry, and financial and personnel projections. The consular officer will ask extremely detailed questions to see and make sure your business can contribute to the U.S. economy.

Keep a calm composure

There are times that the consular officer will appear unfriendly or rude when they ask you questions, but it’s important to note that their job is to ascertain that everything you have provided is true. Always maintain a calm and professional composure throughout your interview.

Be cordial

Appearing confident during your interview will be helpful but also being warm and friendly. Make sure not to be overly friendly as you still need to appear courteous and respectful as well.

Take you lawyer with you

While some consulates do not allow lawyers to be present at visa interviews others do. Singapore and Zurich are amongst those consulates who have allowed lawyers to attend E2 visa interviews with their clients in the past.

Required Documents for an E2 Visa Interview

There are only a few documents that you will need to show and provide during your interview. A majority of the documents should have been submitted together with your visa application to the U.S. Consulate or Embassy.

  • DS-160 confirmation;
  • A printed interview appointment confirmation
  • A copy of your current and expired passports;
  • Evidence of any previously issued U.S. visas, if any;
  • Two coloured photographs that comply with the U.S. visa photo requirements. You are allowed to wear a headdress if required by the religious order in which you are a member;
  • A copy of the fee payment receipt; and
  • Proof of your nationality or immigration status with your home country such as bank statements, leases, property deeds, etc. It’s important to take note of the active E2 countries to make sure you’re qualified.

The consular officer may ask ahead of time for additional documents that you would need to submit during your interview, so you would need to bring them as well.

E2 Visa Interview Questions and Answers

During the interview process, the immigration officer may ask you a lot of things related to you and your investment. If you’re still nervous about your upcoming interview, we’ve highlighted some of the questions that may be asked to you divided into categories:


Why are you going to the U.S.?

Answer the reason why you’re going to the U.S., highlighting that you’re travelling to manage and control the E2 business.

Have you visited the U.S. previously?

Answer with a definite yes or no. The immigration officer may also ask about the specifics of your previous visits if there are any.

Do you have any family members in the U.S.?

Answer with a definite yes or no.

Do you intend to settle permanently in the U.S.?

Since the E2 Visa is a nonimmigrant visa, you need to answer no to make sure that your intent to depart is proven to the officer. Since the officer may want to know if you’re going to permanently live in the U.S., you may also provide evidence of your ties to your home country such as a dependent family member.

Do you have a family in your home country?

Answer with a definite yes or no.

Do you own or lease real estate, and vehicles, or own businesses?

Answer with a definite yes or no.

What do you plan to do once your visa expires?

Answer with your plans and goals after your visa expires.


What is your current job?

Answer with your current job title in your home country.

What is your source of income?

Answer with any source of income you may have including salary, pensions, and
businesses among others.

How did you meet your business partners? (if you have)

Answer with the reason you met your business partners, including how you
started the business.

How did you get the idea for the business?

Answer how you came up with the business.

Why do you think you’ll have a successful outcome for this business?

Answer how you think your business can give you success, highlighting any
financial trajectory you have.

How will you manage the business in the U.S.?

Answer with your clear plan on how will you manage your business and your
commitment to its success. You need to prove that you will be actively
involved in the management of the E2 business.

What is your long-term plan and goals for the business

Answer with your clear goals and plans for the business, including your
long-term plan. A more detailed business plan outlines your business’
projected outcomes and strategies.

What is your experience in business management?

Answer with any experience you have in managing a business. You may also
provide a resume or curriculum vitae to outline your experience in the
relevant and particular industry of your business.

Are there business interests you are actively involved in?

Answer with a definite yes or no.

What will be your role in the company?

Since the E2 Visa allows you to control the business in the U.S., you have to
answer a role that shows you have control over the business.


Is your investment committed to an active U.S. business?

Answer with a definite yes or no. You can also provide evidence that your
investment is irrevocably committed to the U.S. enterprise.

What are the details and nature of your investment?

Answer with the details of your investment such as the business type,
location, and amount.

How will you finance the investment?

Answer with the legal source of your investment funds. You may also provide
evidence such as bank statements and tax returns.

How much have you invested in the business?

Answer with the clear investment amount that you have placed for your E2

What enterprise are you investing in the U.S.?

Answer with the type of enterprise you have invested in the U.S.

How will the U.S. economy benefit from your investment?

Answer how your investment will create jobs and contribute to the U.S.
economy, such as your plan for job creation or economic growth.

How many people are you planning to hire?

Answer with the number of people you’re hiring for your business, including
your plan on how to pay them.

Where do you think your business will be in 5 years?

Answer with your projection for your business in 5 years. As we have said,
your investment plan or business plan can give you a clear picture of the
trajectory of your investment.

As questions can vary by consulate we suggest contacting us for a list of
questions commonly asked at your consulate.

Maximising Chances of E2 Visa Approval

The E2 Visa application process can get complicated especially with its requirements. Moreover, you have to convince and satisfy the consular officer that you meet these requirements.

An E2 visa immigration lawyer can give you expert advice on how you can maximise your chances of getting approved for the visa. They can also give you an overview of what you can expect for the interview, and a list of relevant documents you can submit depending on your circumstance to cut down the processing time of E2 Visa. Additionally, they can give you advice on what to do should problems or issues arise during your interview and application process.

Take note that you can’t risk getting your E2 visa refused as it carries financial risk to your E2 business and will make you permanently ineligible for the ESTA waiver program.. If you’re not approved, you will  need to hire another person to oversee the business operations.

Us Immigration Attorney

E2 Visa vs EB5 Visa: Choosing the Right Investment Route

About the E2 Visa

An E2 Business Visa is a nonimmigrant visa which allows a foreign national of a country which maintains a treaty of commerce and navigation or a qualifying international agreement with the U.S., or that has been deemed qualified by legislation to go to the U.S. after investing substantial investment funds in a U.S. business, franchise business, or by creating a new business.

About the EB5 Visa

An EB5 Visa, on the other hand, offers permanent residency to the principal investor in exchange for a minimum investment in a qualifying project or business in the U.S.


Immigrant vs Nonimmigrant

One of the main differences between an E2 Visa and an EB-5 Visa is that the E2 Visa is a nonimmigrant visa while the EB-5 Visa is an immigrant visa. Nonimmigrant Visas are temporary visas and don’t directly lead to a green card, while immigrant visas give permanent resident status in the U.S.

This means that under the EB-5 program, the investor is eligible to acquire a green card, which is the evidence of permanent residency.

If you’re an E2 Visa applicant or holder, you need to prove your intent to depart the US once your visa status ends.

Minimum Investment Amount

The other main difference between an E2 Visa and an EB-5 Visa is the minimum investment amount. Foreign investors under the EB-5 program are required to invest a minimum of USD 800, 000 for projects in a targeted employment area (TEA) or USD 1,050,000 for business investment not located in a TEA. A targeted employment area is considered an area where there’s high unemployment or is considered a rural area.

Meanwhile, the E2 Visa doesn’t have a set minimum investment amount. It requires the foreign investment to a US business to be a substantial amount, but there’s no minimum amount that’s considered substantial. Instead, substantiality is determined by the nature and the requirements of the business.

If the business fails, both the E2 investor and EB5 conditional resident lose their status.

Place of Filing

Petitions for an EB-5 Visa are approved and filed before the USCIS before the investor can apply for the immigrant visa at the U.S. Embassy or Consulate or apply to adjust status in the U.S. if already in the U.S. on a valid nonimmigrant status. Meanwhile, petitions for an E2 Visa are filed directly at the U.S. Embassy or Consulate which can be located in: 1) the investor’s country of birth, 2) the country of citizenship, or 3) a U.S. Consulate in a country of residence or anywhere in the world that’s willing to take the case. Due to this, the interview is critical for E2 Visa petitions. Filing a change of status to E-2 is also possible if the applicant is already in the U.S. on a valid nonimmigrant status.

Nationality Requirement

The E2 Treaty Investor Visa requires that foreign nationals must possess the nationality of the country which maintains a treaty of commerce and navigation which maintains a qualifying international agreement with the U.S., or which has been deemed qualified by legislation.

This doesn’t mean, however, that nationals from countries without an E2 investment treaty with the U.S. are no longer eligible. They can still qualify in two ways: 1) by being a citizen of the treaty country, or 2) by being married to a citizen of a treaty country.

Meanwhile, the EB-5 Visa doesn’t have a nationality requirement.

Job Creation Requirement

The EB-5 program requires the investor to create 10 full-time jobs for qualified U.S. workers, which must be done before they receive their permanent green card.

The E-2 Visa doesn’t have the same requirement. Instead, the investor must show that the business enterprise is not “marginal”. This means that the business has the present or future capacity to generate more than enough income to provide for the minimal living of the investor and their family.

Source of Funds

Both the E2 and EB-5 Investment Visas require that the investor show their investment funds were sourced from legal or lawful means. It may be sourced through employment, the sale of property, a gift, or a loan among others.

Processing Timeline

The processing time for both the E2 and the EB-5 Visa varies greatly. The process of E2 Visa is much quicker and easier. It can be obtained either through a: 1) Change of Status or 2) Visa Processing. It can take for an E2 Visa to be processed in 4

Meanwhile, the process of an EB5 Visa</a > is very long and has multiple steps. After the processing of Form I-526, it requires: 1) Adjustment of Status or 2) Visa Processing. After this, the investor receives a 2-year conditional green card which they would then remove conditions through Form I-829 3 months before it expires.

The USCIS releases a monthly visa bulletin for the EB-5 Visa priority date. According to the recent October 2023 USCIS Visa Bulletin, the priority date for all countries is ‘Current’ except for China and India, which means that there is no backlog and no retrogression. The application may be filed regardless of the investor’s priority date.

Moreover, in recent years, there have been more people filing for an EB5 visa which creates backlogs and increases wait times due to the quota.

Visa Cap

There are only 10,000 EB5 Visas that are available each year and from this 10,000, 3,000 is set for investors who invest in a commercial enterprise that will create jobs in a TEA. Compared to this, the E2 Visa doesn’t have an annual limit or cap on visas issued per year.

Work Authorization

Both visas allow the investor to work in the U.S., however, there is a main difference in the extent to which they can work. Under the E2 Visa, they are only allowed to work for the E2 business. Meanwhile, under the EB-5 Visa, they are allowed to work for any company.


Another main difference is that since EB-5 Visa holders obtain green cards, they are subject to the U.S. tax on worldwide income. Meanwhile, E2 Visa holders can avoid tax on their worldwide income by reducing the days they spend in the U.S.

Ownership of Business

The E2 Visa requires that the foreign investor owns at least 50% of the E2 business to qualify. On the other hand, EB-5 Visa investors are not required to own any specific percentage of the business.

Time Spent in the U.S.

Since the EB5 Visa confers lawful permanent residence, the investor must establish ties to the U.S. and not abandon the permanent residency. In general, a U.S permanent resident should not spend more than 6 months outside the U.S. for every trip. If there is a need to stay outside the U.S. for more than one year, it is recommended to apply for a re-entry permit before leaving to avoid abandonment of permanent resident status.

Dependent Family members

For both visas, their dependent family members such as their spouse and unmarried children under the age of 21 can accompany them to the U.S.

Under the EB5 Visa, the investor’s spouse can work under their conditional green card for any employer they desire.

As for the E2 Visa, the investor’s spouse is no longer required to show an Employment Authorization Document (EAD) after the USCIS updated its policy manual. They’re already considered employment authorized based on their E-2 derivative status.

Both visas also allow the investor’s unmarried children under the age of 21 to attend school.

Pursuing Other Opportunities

As we have said, E2 investors must work for the same company for which their temporary visa was issued. Compared to this, EB5 investors can attend school, work anywhere, or enjoy their retirement among others as long as they have their conditional green cards or they’re at least a limited partner or director of the enterprise they invested in.

Benefits of Obtaining a Green Card

As it stands, the main difference between an E-2 Visa and an EB-5 Visa is that the latter confers a green card to the qualified investor. So you might be asking, what are the benefits of obtaining an investment green card?

Here are some of the benefits once you have obtained a green card:

  • You become a permanent resident of the U.S;
  • Your dependent family members such as your spouse and unmarried children under the age of 21 can also obtain a green card;
  • You can do unlimited or multiple business in the U.S;
  • You can travel freely anywhere in the world; and
  • You have access to the quality of life and benefits of the U.S. economy.


While both the E2 and EB-5 Visa are considered investment visas, they still have stark differences which you must know and understand as a different visa may apply depending on your case or circumstances. Moreover, both visas have different eligibility requirements, which would affect the relevant documents and answers to the interview you would need to prepare.

If you’re still unsure which visa to apply for, Davies & Associates and its team of experienced immigration lawyers can help you determine the
perfect visa for your current goals and needs.

EB-1, E-2 Visa for NIEs during Covid

Green Card Extension: Simplifying the Process

By Zeenat Phophalia, Immigration Attorney, D&A

Effective December 12, 2022, US Citizenship and Immigration Services (USCIS) will grant an automatic extension of the validity of Permanent Resident Cards (green cards) for lawful permanent residents (LPRs) who have applied for naturalization by properly filing Form N-400, Application for Naturalization, on or after this date.

Green card holders who file the N-400 may receive a 24-month extension regardless of filing the Form I-90 – application for green card renewal.  The Form N-400 receipt notice can be presented with the expired green card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9) (within the 24-month extension period).

Under USCIS’ prior policy, applicants who did not apply for naturalization at least six months before their green card expiry had to file Form I-90 to maintain their status; applicants who had applied for naturalization at least six months prior were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status. 

LPRs who filed for naturalization prior to December 12, 2022 will not receive a Form N-400 receipt notice with the extension.

USCIS is providing this extension in an effort to cut down on the lengthy I-90 processing times that can sometimes impact a green card holder’s I-9 employment verification process.

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.

EB-6 Visa

What is the International Entrepreneur Parole (IEP) Program and Why Can’t it be Called “EB-6 Visa”?

Some agents and immigration lawyers are incorrectly selling an “EB-6 Visa”. This does not exist: they mean the International Entrepreneur Parole Program, which does not confer the same status.

The “EB-6 Visa” Doesn’t Exist

The designation “EB” refers to authorized “Employment-Based” and is used to refer to ways authorized in the Immigration and Nationality Act (“INA”) to obtain “Employment Based” Permanent Residency (also known as a “Green Card”) in the United States.

EB-1, EB-2, EB-3, EB-4 and EB-is 5 are the currently authorized ways to obtain “Employment Based” Permanent Residency in the United States.  There is no formally authorized “EB-6” route to a Green Card in the INA.

So What is the “EB-6 Visa”?

On January 17, 2017, the United States Department of Homeland Security (“DHS”) promulgated a new rule international entrepreneurs to legally remain and work in the United States in a Parole status (“IEP”). The rule became effective on July 16, 2017.

Unfortunately some visa agents and even some lawyers dishonestly refer to the IEP program as a “visa” or “EB-6”.

Parole is not a visa and is not a grant of “lawful status” in the United States.

Do IEP Applicants NOT have to Obtain a Consular Issued Visa?

Because IEP is NOT a visa the process does not require that a US consulate issue a visa.

Why is IEP NOT a Visa?

IEP is authorized by a rule and does not form part of theImmigration and Nationality Act.  IEP is essentially special permission granted to enter the US for a limited purposes without a visa.  This special permission is called Parole.

Because IEP is NOT a visa and is merely “Parole” it does not require a visa application to be filed in a US consulate.
As Parole does NOT grant “lawful status” in the United States it is not possible to “adjust status” to that of Green Card holder form within the United States.

Why Calling IEP “EB-6” is Highly Dishonest and Misleading ?

The terms EB-6 is misleading becawuse those on the IEP program are not eligible for an adjustment of status to US Permanent Residency a Green Card.  To obtain a Green Card an IEP holder would have to leave the United States and return using a visa category recognized by US law, this does not include Parole as used in the IEP program.

Unlike the EB categories authorized in the INA, IEP is NOT a route to permanent residency.

Can I be a Passive Investor or Appoint a Manager of my IEP Qualified Business?

The law requires that an IEP applicant “has a central and active role in the operations of that entity, such that the alien is well-positioned, due to his or her knowledge, skills, or experience, to substantially assist the entity with the growth and success of its business.”  

Therefore passive investments or holding a role that is not a “central and active role in operations” does not qualify.

How Safe is IEP Parole?

The law clearly states that DHS/USCIS can terminate parole stats granted through the IEP program “without prior notice or opportunity to respond” if it determines that the alien’s continued parole in the United States no longer provides a significant public benefit”.  

This implies that USCIS have a great amount of latitude to terminate parole status granted using IEP at any time and without notice to the IEP holder.

What Can I do with IEP?

USCIS 8 CFR 212.19 states that under IEP qualified individuals can obtain work authorization for themselves and their spouses for up to 30 months.  This initial 30 month period can can be extended for a maximum of 5 years through the “re-parole” process.  

Is IEP Limited to the Nationals of Certain Countries?

Unlike the popular E2 Treaty investor visa, IEP is not limited to nationals of certain treaty countries. 

Qualifying for IEP

Despite what agents are saying in Vietnam, China and India this is the official text of the IEP rule published by the United States Government.  All of the terms and provision of this text therefore apply to IEP.

Who is Eligible for the International Entrepreneur Parole Program?

As the name suggests the International Entrepreneur Parole Program is open to global entrepreneurs, but ultimately eligibility will be determined by the Department for Homeland Security (DHS) on a case-by-case basis.

Basic eligibility requirements include:

  • The business must be a startup, created within the past five year within the United States
  • The applicant must hold “Substantial Ownership” in the startup business
  • The applicant must play an active role in the business
  • The business must have secured credible funding or other demonstrable support from private US investors, or federal, state & local entities.

How long is the International Entrepreneur Parole Program Valid for?

The International Entrepreneur Parole Program is valid for up to 30 months initially. This can be extended by another 30 months provided the business is able to demonstrate that it has grown and created jobs. However, parole is not a visa and people wanting to stay in the United States for longer will need to carefully plan their options. Anyone from an E-2 Treaty Country could potentially transition to an E-2 Treaty Investor Visa. If the underlying business becomes large enough or the entrepreneur privately has enough funds, then the EB-5 Immigrant Investor Visa offers a relatively fast route to a Green Card for a $900,000 investment. A Green Card is the name for US permanent residency, which offers the freedom to live and work anywhere in the United States.

Can my spouse and children accompany me to the United States under the International Entrepreneur Parole Program?

Yes. Spouses (husbands and wives) and children can accompany the primary applicant to the United States under the International Entrepreneur Program. Spouses can apply for work authorization. The primary applicant can only work for the startup and is not eligible to work elsewhere in the United States.

How many entrepreneurs can be granted International Entrepreneur Parole under this Program?

The maximum number of entrepreneurs per startup business is three (3).

Is the International Entrepreneur Parole Program only for Hi-Tech Startups?

No. The International Entrepreneur Parole Program is for any startup business in any industry sector. Provided it meets the key criteria and can prove that it offers strong growth and job creation potential for the United States.

Do I need to make an investment as part of International Entrepreneur Parole Program?

The start-up must have received an investment of at last $250,000 from private US based investors of $100,000 grants or awards from public agencies (local, state or federal). If you do not satisfy this criteria, you may still be granted approval if there is sufficient evidence to suggest the start-up will grow rapidly. At the renewal stage, you should be able to show that the business has received $500,000 in private or public and that it has generated $500,000 in revenue.

Which countries are eligible for the International Entrepreneur Parole Program?

The International Entrepreneur Parole Program is open to people from all countries unless there are specific sanctions or restrictions that impacts all form of immigration between your country and the United States. This means that the International Entrepreneur Parole Program is more wide reaching that the E-2 Treaty Investor Visa, which has more advantages but is limited to people from Treaty Countries.

How does the International Entrepreneur Parole Program Compare with the E-2 Treaty Investor Visa?

The E-2 Treaty Investor Visa allows an applicant to invest in and run a business in the United States. One of its main advantages over the International Entrepreneur Parole Program is the length of time you can remain in the United States. While the International Entrepreneur Parole Program is limited to 30 months with an additional 30 months for entrepreneurs who can demonstrate growth, the E-2 Visa is renewable forever provided the E-2 business continues to operate successfully. Like the IEP program, the E-2 Visa needs to be renewed and reviewed, but entrepreneurs usually have a little longer. This actual validity of your initial E-2 Visa does depend on where you are from – each country has its own validity period detailed in the State Department’s reci

procity schedules.

The advantage the IEP program has over the E-2 Treaty Investor Visa is that the E-2 visa is only available to people from E-2 Treaty Countries. The International Entrepreneur Parole Program could be an alternative if you are not from an E-2 Treaty County. However, there is also another solution: E-2 Visa eligibility is determined by citizenship, so it is possible to obtain citizenship of an E-2 Treaty Country and become eligible for the visa. The fastest and most cost-effective ways to become a citizen of an E-2 Treaty Country is the Grenada Citizenship by Investment Programme and the Turkey Citizenship by Investment Program.

How does the International Entrepreneur Parole Program Compare with the L-1 Visa?

Another alternative to the International Entrepreneur Parole Program is the L-1 Visa. The L-1 Visa permits the transfer of employees within the same company, the L-1A is for for International Managers & Executives and the L-1B is for highly skilled employees with specialized knowledge. Our firm specializes in New Office L-1 Visas, where you set up a new US office of your company and transfer an employee to the US to oversee the startup and growth of that company.

Unlike E-2, there are no nationality requirements for the L-1 Visa. The L-1A Visa can last up to seven years and the L-1B can be renewed up to a maximum of five years, both of which are longer than the IEP program. However, new office L-1 visas need to be reviewed and renewed after one year – which is earlier than the IEP program, but the progress requirements are usually less stringent. L-1 Visa holders who wish to remain in the United States permanently have a clear cut route to a Green Card through the EB-1c visa option.

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.

Công ty của chúng tôi đã giúp hàng trăm chủ doanh nghiệp và gia đình chuyển đến Hoa Kỳ bằng thị thực EB-5, E-2 và L-1.

Công ty của chúng tôi đã giúp hàng trăm chủ doanh nghiệp và gia đình chuyển đến Hoa Kỳ bằng thị thực EB-5, E-2 và L-1. Vậy loại thị thực nào là tốt nhất và hoàn toàn phụ thuộc vào tìnhh hình cá nhân của bạn. Chúng tôi thường dành lời khuyên cho khách hàng mới nên có một cuộc tư vấn miễn phí với nhóm luật sư của chúng tôi để thảo luận về các lựa chọn khác nhau dựa trên mục tiêu cá nhân, ngân sách và mong muốn của khách hàng.
Thị thực L-1 và thị thực E-2 đều là thị thực không định cư. Những thị thực này không cung cấp quyền thường trú nhân, nhưng thị thực E-2 được xem là lợi thế hơn vì bạn có thể gia hạn vô số lần. Gia hạn không giới hạn có nghĩa là về mặt kỹ thuật, bạn có thể sống ở Hoa Kỳ mãi mãi, miễn là doanh nghiệp cơ bản vẫn hoạt động.

Thị thực L-1 có thể gia hạn tối đa là bảy năm đối với thị thực L-1A và năm năm đối với thị thực L-1B. Sau thời gian này, bạn cần phải rời khỏi Hoa Kỳ hoặc chuyển đổi sang một loại thị thực khác hoặc xin Thẻ xanh. Lời khuyên tốt nhất là thảo luận về các lựa chọn nhập cư của bạn với luật sư chuyên ngành.
Phù hợp với thị thực L-1 là thị thực EB-1 (C) hoặc thị thực EB-3. Tất nhiên, bạn cũng có thể tìm hiểu các lựa chọn để chuyển đổi sang Thẻ xanh từ thị thực E-2 nếu bạn muốn sinh sống và làm việc ở Hoa Kỳ lâu dài hơn và không bị ràng buộc với hoạt động kinh doanh E-2.

Khoảng thời gian được cấp trên thị thực L-1 và E-2 ban đầu của bạn sẽ khác nhau tùy thuộc vào nơi bạn đến. Mỗi quốc gia có khái niệm gọi là lịch trình đi lại quy định thời hạn hiệu lực thị thực tối đa. Lưu ý rằng thị thực của bạn có thể không được cấp trong thời gian đầy đủ được liệt kê theo quốc gia cụ thể của bạn. Các nhà chức trách có thể mong muốn bạn quay lại sớm hơn để kiểm tra tình trạng kinh doanh của mình. Ví dụ: “Thị thực L-1 Văn phòng Mới” được cấp ban đầu chỉ một năm, vì vậy bạn có thể bị kiểm tra tiến độ thực hiện của mình.
Mỗi thị thực thường đi kèm với một yêu cầu đầu tư liên quan khác nhau. Thị thực đầu tư định cư EB-5 – cung cấp Thẻ xanh khi đầu tư. Yêu cầu đầu tư là 900.000 USD đối với các khoản đầu tư vào Khu vực việc làm ưu tiên mục tiêu (TEA) và 1,8 triệu USD bên ngoài các khu vực này. Trên thực tế, các Trung tâm vùng quản lý phần lớn các khoản đầu tư EB-5 đều hoạt động trong TEA và do đó, chỉ 900.000 USD được áp dụng như mức đầu tư tối thiểu. Nếu bạn muốn thực hiện EB-5 Trực tiếp, chúng tôi cần đảm bảo khoản đầu tư được đặt trong TEA để đủ điều kiện về số tiền đầu tư thấp hơn.

Bằng cách tiến hành thẩm định đối với Trung tâm vùng và các dự án của họ, nhà đầu tư EB-5 có thể giảm thiểu rủi ro không chỉ đối với Thẻ xanh mà còn đối với việc hoàn vốn của nhà đầu tư. Hầu hết các Trung tâm vùng đều đưa ra mức lãi suất rất thấp (hiểu theo nhiều cách, Thẻ xanh được xem là lợi tức của khoản đầu tư). Bằng cách đầu tư với một Trung tâm vùng có uy tín vào một dự án đáng tin cậy, nhà đầu tư có thể thu hồi vốn đầu tư của họ sau vài năm.

Không có yêu cầu đầu tư cố định đối với Visa E-2. Một nguyên tắc nhỏ là nó phải vượt quá 100.000 USD và phải phù hợp với doanh nghiệp bạn đang đề xuất thành lập hoặc mua lại. Chúng tôi đã thực hiện một số hồ sơ E-2 thành công với số tiền ít hơn 100.000 USD, vì vậy hãy liên hệ với chúng tôi để được tư vấn miễn phí. Khoản đầu tư không chỉ cần bằng tiền mặt – nó còn có thể là hàng tồn kho, bằng sáng chế, thiết bị, v.v.

Thị thực L-1 không yêu cầu đầu tư nếu bạn chỉ đơn giản là chuyển từ chi nhánh ở nước ngoài sang chi nhánh hiện tại của một công ty đa quốc gia. Thị thực Văn phòng L-1 mới chắc chắn yêu cầu đầu tư cần thiết để thành lập và phát triển văn phòng mới của Hoa Kỳ. Điều này cần phải phù hợp với nhu cầu của doanh nghiệp.
Thị thực EB-5 cung cấp quyền tự do để làm việc (hoặc không làm việc) tại Hoa Kỳ. Một đơn đăng ký/đầu tư duy nhất có thể bao gồm không chỉ người nộp đơn mà cả vợ/chồng và con cái dưới 21 tuổi. Mỗi thành viên trong gia đình đều nhận được Thẻ xanh của riêng mình, nghĩa là họ được tự do làm việc tại Hoa Kỳ. Chúng tôi nhận thấy nhiều khách hàng EB-5 của chúng tôi được thôi thúc bởi việc con cái họ được học đại học tại Hoa Kỳ và triển vọng làm việc sau khi tốt nghiệp.

Người nộp đơn chính cho thị thực E-2 và L-1 được yêu cầu làm việc trong vai trò mà họ đã chuyển đến Hoa Kỳ để hoàn thành. Tuy nhiên, vợ hoặc chồng của những người có thị thực này có thể xin phép làm việc tại Hoa Kỳ. Điều này mang lại sự linh hoạt trong việc làm hơn rất nhiều so với thị thực H-1B phổ biến, như ví dụ, vì bạn không bị ràng buộc với một nhà tuyển dụng cụ thể. Là thường trú nhân, bạn chỉ bị đánh thuế đối với thu nhập tại Hoa Kỳ của bạn.

Có nhiều ưu và nhược điểm khác nhau đối với từng loại visa. Điều quan trọng là nên thảo luận về tình hình cá nhân của bạn với đội ngũ luật sư của chúng tôi để chúng tôi có thể phân tích tình huống và từ đó xác định loại thị thực tốt nhất và phù hợp nhất cho bạn và gia đình của bạn.

Webinar: Grenada: Gateway to the United States E2 Visa

Sign up for our the next in our series of free expert immigration webinars

Grenada & The E-2 Visa Webinar | Thursday 17 December

8 am Eastern |6:30 pm India

Grenada is an island paradise with a stable government and a well-established investment environment. A Grenada passport can be obtained in just a few months without ever needing to visit the island. Grenada has a strong passport, offering visa-free access to more than 120 countries, including the UK, China, Singapore, and the whole European Union. There is no tax on worldwide income and processing times are extremely fast. 

Find out more

Fast & Cost-Effective Citizenship
– Gateway to the US E2 Visa –

Mark Davies, Global Chairman, Davies & Associates
Maryam Mansouri, Business Development Director, Range Developments
Verdie Attienza, Senior Immigration Attorney, Davies & Associates

Click Here to Register for the Webinar

Why Grenada Citizenship?

Grenada: Access to the United States E-2 VisaGrenada has an E-2 Treaty with the United States. This means its citizens are eligible for the E-2 Treaty Investor Visa. The E-2 Treaty allows a person to move to the United States with their family to own and operate a business. Processing times for both Grenada and the E-2 visa are very quick. It is possible to complete the entire process in a matter of months.

If the country of which you hold citizenship does not have an E-2 Treaty with the United States, it is necessary to first become a citizen of an E-2 treaty country like Grenada. India, China, Vietnam do not hold E-2 Treaties. Click the link below to see the full list.

Find out if your country has an E-2 Treaty with the United States 

Benefits of the E-2 Visa

The E-2 Treaty Investor Visa allows a person to move to the United States with their spouse and dependent children for the purposes of owning and operating a business. The E-2 Visa offers many advantages including:

Grenada: Access to China

Grenada is one of the few passports in the world that has visa-free access to China. Our clients with business interests in China are pursuing a Grenada passport to ensure their access to the Chinese markets is not disrupted. They anticipate that geopolitical events, such as the trade war and border disputes, may cause challenges.

Register for the Webinar Here

Read more


Dubai Introduces New Visa Targeting Retirees

Dubai has long been a place for ambitious, younger people seeking exciting job opportunities. Now, it is also set to become the place for older people seeking the good life as well. The government of the emirate has introduced a new type of visa, allowing expats to retire in there for the first time.

To qualify for the retiree visa, you must be over the age of 55, and also meet the financial requirements. This includes having a monthly income in excess of 20,000 dirhams ($5,400) and have 1 million dirhams in cash savings ($275,000). You are also required to purchase a property in Dubai worth more than 2 million dirhams ($545,000).

Dubai is a popular location because of its warm climate, excellent internal and international transport links, good food options, and recreational activities.

The program will reward expats who have lived and worked in Dubai, but faced having to return to their home countries as they reach retirement age.

It will also attract people seeking to retire from colder climates like the United Kingdom, where Brexit has made the dream of moving to Mediterranean countries like Spain, Portugal, France and Italy, a little more complicated.

Retirees are required to take out health insurance as a precondition for moving. Dubai’s tourist board argues that the emirate has one of the best health systems in the world.

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.

Acquire a Franchise Business and Move to the United States

Did you know it was possible to move to the United States to run a franchise business. The E-2 Treaty Investor Visa allows people to emigrate to the US for the purposes of investing in and managing a business. This can include a franchise.

In this video, our Global Chairman Mark Davies, addresses some of the frequently asked questions about franchise business. And advises on some of the pitfalls to be aware of and to avoid.

For example, franchise brokers can help with the whole process. However, it is important to know if they are earning commission and to seek external advise.

Not all franchises are eligible for the E-2 visa, so it is important to check first. It is especially useful to have a corporate lawyer review the franchise agreement before you sign.

If you are not from an E-2 Treaty Country. Contact us to discuss ways to become eligible for the E-2 visa. This usually involves obtaining citizenship of a country that has an E-2 Treaty with the United States. Grenada and Turkey offer the most cost-effective pathways to citizenship.

This article and video 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.

E-2 Visa approved for a Singaporean national during COVID-19

Should Vietnam and India be granted E-2 Visa Status?

D&A Global Chairman Mark Davies argues the time is ripe to grant E2 and E1 Visa status for Vietnam and Indian citizens.

Before coming to Vietnam I did not realize that the US is Vietnam’s largest export market. Having spent years in India I did know of the massive potential to grow cross-border business between the US and India.

We are seeing a lot of interest in the L1 Visa and E2 Visa from companies in our offices in Ho Chi Minh City, Hanoi, Delhi, Bangalore and Mumbai much of it being Vietnamese and Indian businesses looking to access the US market. Many Vietnamese and Indian firms are looking to increase their trade with the US through E2 and L1.

Vietnam and India both represent a huge opportunity for US businesses to expand and invest. Vietnam is Asia’s fastest growing market and companies want to grow by investing through a business there.

At the moment, obtaining an E2 Visa means a Vietnamese or Indian national has to obtain a second nationality, popularly Grenada and Turkey.

It’s time to put an end to the need for Citizenship by Investment in Vietnam and India and for the US to enter into a treaty with both Vietnam and India allowing for both the E2 and E1 Visa. Such a treaty would allow Vietnamese businesses access to the US and streamline the process by which US businesses can access the lucrative Vietnamese market.

Bankruptcy in India during Covid-19

India’s Bankruptcy Code: FAQs

Amid a global economic crisis, Neha Mehta answers some frequently asked questions about filing bankruptcy in India.

Q1. When is a Corporate Debtor in default?

A. “Default” is the non-payment of a whole, or a part, of a Corporate Debt when due and payable. Erosion of net worth is not a default under the Code.

Q2. Can a financial institution proceed against a Corporate Debtor under the Code although it may have already taken action under the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI)?

A. Section 238 of the Code provides that its provisions shall have effect notwithstanding anything inconsistent in any other law or an instrument under any other law. Further the NCLT, Ahmedabad Bench, in Sarthak Creations Pvt. Ltd. vs Bank of Baroda & Others, held that pendency of proceedings before a Debt Recovery Tribunal (DRT) or invocation of SARFAESI Act, will not bar the commencement of CIRP, in view of the non-obstante provisions of section 238 of the Code.

Q3. What is a COC?

A. The COC (Committee of Creditors) is constituted of a Corporate Debtor’s financial creditors. It is a decision maker in CIRP.

Q4. Can a claim, or proof of claim, be filed, or submitted after the elapse of 14 days from the date of a demand notice?

A. Regulation 12 (2) of the CIRP Regulations provides that a Creditor, who fails to submit a claim with proof within the time stipulated in a public announcement inviting claims, may submit by the 19th day of the Insolvency Commencement Date. This amendment to the CIRP Regulations was made effective from July 2018.

Q5. Are home buyers deemed to ‘Creditors’ under the Code?

A. Section 5(8)(f) of the Code was brought into effect from 6th June, 2018 to provide that an amount raised from a real estate allottee is deemed to be a ‘borrowing’. The logic behind such amendment is that home buyers/allottees advance monies to buyers/allottees advance monies to developers, thereby financing a real estate project, and thus they will fall within the definition of a ‘Financial Creditor’ under the Code.

Q6. Would a moratorium ordered against a Corporate Debtor under the Code affect pending proceedings under section 138 of the Negotiable Instrument Act 1881 (NI Act)?

A. Section 138 of the NI Act is a penal provision empowering the competent court to order imprisonment or a fine. A fine is not a money claim or recovery against a Corporate Debtor, and an order of imprisonment against Directors of a Corporate Debtor does not affect CIRP. Therefore, proceedings under 138 of NI Act therefore will not be affected by a moratorium. Further, no criminal proceeding lie under Section 14 of the Code.

Q7. Does the Code provide for punishment against a Corporate Debtor that commits fraud?

A. Under Section 68 of the Code, if any officer of a Corporate Debtor wilfully conceals its property, he or she would be punishable with imprisonment for 3 to 5 years and a fine extending from INR 100,000 upto 10,000,000.

Q8. Can a Creditor and Corporate Debtor arrive at an ‘out of Court’ settlement and withdraw CIRP?

A. Yes, but with a 90% of COC members voting in favour of the settlement.

Q9. Can an RP reduce a claim amount if a Financial Creditor has claimed usurious or extortionate interest?

A. An RP can revise a claim admitted under Regulation 14 of the CIRP Regulations, subject to the RP collating information warranting the revision. While empowered to do so, the RP should, ideally, intimate the NCLT of the revision.

Q10. Can interest, overdue charges and related charges in respect of a credit facility be treated a part of a claim?

A. Yes.

Q11. In a liquidation of a Corporate Debtor, how will proceeds from the sale of assets charged to a secured creditor be treated?

A. If a secured creditor has participated in the liquidation process, it would relinquish its security interest to the liquidation estate, and receive proceeds from the sale of assets per the waterfall mechanism in Section 53 of the Code.

Q12. Can aggrieved employees, operational creditors appeal against not settlement of any outstanding claims?

A. Any person who is a party to, and aggrieved by, a resolution plan may appeal to the National Company Law Appellate Tribunal (NCLAT) under Section 61(3)(iii) of the Code. The appeal be within the grounds permitted.

Q13. Within what period from the approval of a resolution plan will a resolution applicant have to pay the resolution amount?

A. A payment schedule has to form part of a resolution plan, and on its approval, it binds all stakeholders. Therefore, the resolution plan will stipulate the period within which payment is to be made, and it will bound by it, upon the plan being approved by the COC and the NCLT.

Q14. What is the status of personal guarantors in a CIRP?

A. Notwithstanding the pendency of CIRP, Financial Creditors may invoke personal guarantees for causing payment of the debts of the Corporate Debtor.

Q15. Where would the CIRP process be initiated, if a Corporate Debtor has, for example, a corporate office in Delhi and its registered office in Mumbai?

A. The CIRP will have to be initiated in the jurisdiction of the Corporate Debtor’s registered office.

Q16. What is the application fee payable for initiating CIRP under the Code?

A. It is INR 2000 if the applicant is an Operational Creditor, and INR 25,000 if it is a Financial Creditor.

Disclaimer: This article is provided for informational purposes only and is not legal advice. For more advice on the topic, please contact the author.