The information below is only general. 

One must contact an Immigration Attorney to apply for the E2 Visa and or find legal direction for such an application.

The Following information is a required read by Penthouse Advisors INC., representing Buyers and or assisting their Immigration Attorney to acquire the E-2 Visa status in the United States. 

This information is only general, one must contact their Immigration Attorney to apply for the E2 Visa and or find legal direction for such an application.

The E-2 Treaty Investor Visa allows nationals of a Treaty Country to reside and work in the United States for a company in which they have invested a substantial amount of money. Substantial funds should be invested in creating a business from scratch or to purchase an existing business in the United States. The Funds should be put irrevocably at risk, meaning they should be used for business related expenses that cannot be recovered in the event the business goes into default.

STEP ONE: The New Location will require a Buyer and Seller Signed Purchase Agreement at the agreed purchase price. This agreement is subject to the property owner’s approval of the New Guarantor to the Lease. The guarantor’s credit score, financials, Business Plan, USE and experience. The guarantor can be a Partner, Family Member, if not the Buyer with the strongest bank account to Guarantee the lease, and be responsible for the lease payments, lease terms and conditions.  Lease information required by the Guarantor

A. Three (3) consecutive, Strong, Bank statements, showing liquidity. 
B. Complete Information about the Guarantor, Date of Birth, Place of Birth, Residential Address, Copy of Driver’s License, Social Security Number.
C. Type of work, how long at the Job. If an Entrepreneur, name of the Company, Address, Information about the Company.
D. Property owned or rented. House, Condo, Land, plus the Car. 
E. 3 US Tax Returns.

STEP TWO: After the Purchase agreement has been signed by and between the Buyer and Seller, the lease application, bank statement showing liquidity, 3 tax returns and a credit report will be submitted to the Property Owner for review approval. Upon acceptance of the new tenant granted by the Property Owner, drafting of a New Lease and or creating an Assignment of Lease will begin.

Escrow will be opened: The total consideration (Purchase Money) will be funded, via wire instructions into the Escrow Trust account. Note: Under The E2 treaty, investors must own at least 50% of the enterprise, giving them operational control. The US Embassy will go through the Buyer’s documents submitted with the US E2 Immigration application, i.e., purchase agreement signed by and between the Buyer and Seller, Copy of the Lease or assignment of Lease addendum, business licenses of the Business acquired, (EIN) federal tax employer’s identification number, 3 years of tax returns, (CDTFA) California Department of Tax and Finance, (EDD) Employment development department, and the Escrow instructions. If outside the US: Applications will be processed at the US Consulate, in the Buyer’s country.

Important: The E2 visa allows the Buyer to work and live in the US for (4) years. All individuals covered by the E2 visa are allowed to travel in and out of the USA. After (4) years the Buyer/Investor can extend the E2 visa for another (4) years with unlimited extension on the stay. The principal investor is allowed to travel abroad and is granted an automatic (4) year readmission period on entering the US. If the family members are traveling along with the primary investor at that time, then they can request readmission to the US. However, if the family members travel abroad and return to the US alone, the new readmission period will not be applied to them. The family members of the E2 treaty investors are also eligible to apply for the E2 visas, they can also stay up to (4) years in the US. The dependents and spouses are not required to be from the same treaty country as the principal E2 visa holder. The spouses can work, however, it is recommended to get a work authorization certificate. Children under the age of 21 cannot work under the E2 visa, however, they are allowed to study. Children after reaching the age of 21 under an E2 visa, need to explore other visa options to stay in the US.

Qualifying employees, who are usually of the same nationality as Buyer. As a principal investor, the Buyer can apply for E2 for qualifying employees, who are usually of the same nationality as Buyers (same treaty country). The registration might take a few months depending upon the jurisdiction. The E2 employee visa can be obtained within two weeks. The E2 visa can be extended to other personnel if they meet the conditions as follows; a) Hold a managerial position. b) Handle an entire business or a Key Part of the business. c) Skilled workers or specialists. d) Highly specialized skill capacity in some areas related to the business, difficult to find in the US. e) The employee is necessary to run a principal trade for the investor’s business in the US.

About the Business to Purchase for the E2: 

  1. The Business must be open and operating for profit.
  2. The Buyer must invest a substantial amount in the bonafide enterprise in the US. No set dollar figure can be said as a substantial amount for the E2 visa investment, but this amount may vary from country to country. 
  3. The Business cannot be idle or an enterprise on paper. 
  4. The Buyer investment must have a considerable impact on the US economy and not provide a “living only” situation for the Buyer and the Buyers family. 
  5. The investment must be a significant economic contribution to the US Economy and not a marginal enterprise, meaning not having the capacity to generate excess funds more than supporting minimal living conditions.
  6.  The predicted future earnings must be met within 5 years from the date of acquiring the business activity. 
  7. Note: Just the intent to invest, or having uncommitted funds in the bank account will not be considered an investment. 
  8. The substantial investment intends to make sure that Buyer’s business is not a speculative or idle investment, but will become a successful enterprise in the future. 
  9. Most Importantly, the Buyer should be motivated and committed to making the business a success.
  10. E2 Status Termination. IMPORTANT: Self Deporting the US is taken very seriously by ICE with harsh penalties if violated. The Buyer must provide a written statement to the US Embassy that the Buyer will leave the country once the E2 status expires. The written statement is sufficient, although sometimes the embassy might request additional proof of ties abroad. Ties abroad are the proof that binds Buyer to their country of residence, such as their house, job, or family, etc. Buyers must prove to the embassy that the buyer’s intent in entering the US is just to work and live temporarily in the US. 
  11. The E2 visa is a non-immigrant visa, the Buyer is not eligible for permanent residency. 
  12. Approval of the Business Immigration Plan. The Buyer must have a Business Immigration plan on how the investment affects the US economy at the time of the interview. The Buyer must verify a synergy between Buyer skills and the Business being acquired. The US Embassy will want a “Corp Brief” about Buyers business activities in the US. KEY POINT: The nature of the business the Buyer is investing in, must be relevant to the Buyers professional experience, qualifications, and or skills.
  13. Renewing the E2. After a two year term, renewing the E2 visa, will require proof of achieving such projections mentioned at the time of application. The plan should mention the financial projections and details on how the business will gain sufficient funds to provide for the Buyer and the Buyers Family. The business should also create new jobs. 
  14. Visa Change Status and Timing. If in the US, the Buyer can apply directly to uscis.gov United States Citizenship and Immigration Services, Immigration benefits agency of the United States government to change visa status to an E2 Visa. The change of status can take up to 3 months. 

“Do It Now Service”

Contact: Business Agent, Roschard Paticchio-Stein dre #02203003

Text/Call M 310-663-3521

PenthouseAdvisors@gmail.com