What do you need to change your E-2 visa business?

2019-04-09 Business No comment

When your E2 visa business changes:

Requirement 1. – As a treaty investor, you must travel to the US to invest in a new or existing business.from


U.S.C.I.S [US Citizenship and Immigration Services] defines E-2 investment as Putting certain capital [including funds and other assets] at risk in the commercial sense, the ultimate goal is to generate profits. Your investment may be to buy an existing business. Establish a new business. In any case, you must prove that the capital of your investment is substantial.

Request 2 from

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Your investment must be a real business and may not be marginal.

An investment that is considered “real” is a real, active business or entrepreneurial venture that can produce tangible services or goods for profit. Such companies cannot be idle investments of “potential appreciation”, such as undeveloped land or stocks held by investors who do not intend to guide the business.

A marginal company is considered a company that does not generate enough revenue Significant economic contribution Or provide you and your family with minimal living.

After approving the E-2 investment, the investor can work only at the company it created [or purchased], and the company must manage the activities previously specified in the application at the time of submission. Of course, some business owners may wish to expand or change the E-2 business. Then, the question is whether investors must formally resolve changes in this state, structure, and so on.

If the business change is a major change, the investor should ask the consulate to approve the business change. This process varies from consulate, but it involves direct notification to the consulate via email to understand their personal standards. Some consulates only ask petitioners based on past requirements to send evidence of new business [such as new activities, business plans, etc.] and based on their approval or denial of evidence of the change.

The consulate may ask you to reinstall your E-2 application, but this depends on what is happening or is happening. It must be said that this request is only required when the business changes. considerable.

For example, if you have approved an E-2 visa for a restaurant, you can expand your restaurant business to include a bar. Your business is unlikely to undergo enough changes to ensure reclassification. However, if you were originally approved for the wedding photography business and you opened an auto repair shop in the back, this clearly represents a major change in the business.

Submit your changes via USCIS United States It is another possibility. Again, this will only happen if there is a “substantial change” in the business. USCIS defines the substantive changes as follows:

“The fundamental characteristics of the hiring entity have undergone fundamental changes, such as merging, acquiring or selling branches of foreigners’ locations.” It is considered a “substantial change”.

When USCIS believes that the entity has made a “substantial change”, a new I-129 form application will be required. Submitting the I-129 form to USCIS helps to seek and obtain approval for “substantial change”. In this case, the E-1 / E-2 classification supplement, the $325 fee, and the appropriate interpretation and supporting documentation must also be provided at the time of submission.

The “substantial change” of business activities is the key. When looking at new aspects of your business, can you build a reasonable link from new business to current business. If you can establish such a reasonable connection, you may not need to modify the request.

Keep these key factors in mind when drafting a business plan and describing your business and submitting your E-2 application.

For example, the main business activity in your business plan might be: wedding photography, but it may also describe other services such as: "Wedding Consultant", "Wedding Nutrition Planning", etc.

Consider the possibility of the future When you submit your applicationCan eliminate the need for additional approval through these government channels.

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