The E2 visa in India is an investment-based document for all investors and entrepreneurs from the country who want to do business in the United States. The basic idea of this particular visa is that it enables the interested Indian immigrant to start a business or purchase one in the U.S. and work for the same franchise. So, what else goes into the E2 visa in India, and what are its associated processes? Let us learn more about this unique visa type below.
Requirements for the E2 Visa in India
There are some specific criteria that interested applicants must fulfill to be eligible for an E2 visa in India and get it as soon as possible. These include:
- Must be a citizen of India
- Make a substantial investment in a company in the United States
- E2 company should not be a marginal enterprise
- The business owner must direct and develop the company in the U.S.
- Invest funds must always be obtained lawfully
- The business must be associated with an active and for-profit company
- The applicant of the E2 visa has the intent to depart the U.S. once the visa status ends
- Investment must be at risk
Benefits of the E2 Visa in India
The E2 visa in India has a lot of advantages that all entrepreneurs and investors must be aware of in today’s world. These include:
- Having Easier Access to the United States: The E2 Visa in India allows citizens from the country to enter the United States. Moreover, these people can stay in the country for up to five years without applying for any work visa. This is especially important because of the high visit visa rejection rate in the U.S. For instance, the U.S. government had earlier rejected around 35% of all visit visa applications in Egypt in 2020, around 65% in Nigeria, and then a whopping 88% in Iran.
- Allowing to Work: The E2 Visa in India allows a particular individual to work for the business they are investing in. They can also perform other activities related to the same associated business venture. The E2 always doubles as a work permit and a residence permit for the same person.
- Getting a Route for Permanent Residency: The E2 Visa in India was originally a nonimmigrant visa. This means the document does not directly lead to any permanent residence (green card) or even U.S. citizenship. However, the visa holders can apply to switch for an EB5 from within the United States and then get a green card if their business continues to grow and they hire enough people. This particular route also allows investors to live in the U.S. without having to wait outside for their EB5 application to be approved. The latter could otherwise take several years to complete in the country.
- Adding Family Members: The E2 Visa in India allows the respective holder’s spouse and dependent children below 21 years of age to accompany them to the United States.
- Obtaining Tax Benefits: E2 Visa holders may be able to take advantage of several tax benefits available in the U.S. Moreover, the same visa is renewable and can be extended if the respective holder continues to meet the requirements of the document.
- Accessing the U.S. Market: The E2 Visa in India is a simple route to one of the world’s most exciting markets for entrepreneurs. Here, they can trade in different goods and services at the globe’s leading economic power.
- Getting Study Opportunities: The E2 Visa in India gives all investors and entrepreneurs a chance to provide the best educational opportunities for their children. The E2 family members also have the right to study and apply for educational institutes in the United States. This allows investors and entrepreneurs to forge a path for their children to fulfill their respective potential.
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Duties of a Lawyer for the E2 Visa in India
The E2 visa in India lawyer has several responsibilities to perform while working with the respective visa applicant. These responsibilities include:
- Strategizing the Source of Funds: The visa applicant must always get their E2 visa approved by showcasing the source of funds requirement. The individual must also show that their respective investment funds were obtained lawfully. Examples of such lawful sources of funds include employment earnings and proceeds from the sale of a particular property. That is why the same applicant’s lawyer must provide the required documentation from the applicant’s side to ensure the application gets approved.
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Reviewing the Business Plan:
Another highly important role for the E2 visa in India lawyer is to review the respective E2 business plan. There are two important requirements regarding your business:
- The applicant must invest in an active, for-profit business.
- The associated business cannot be a marginal enterprise. A marginal enterprise refers to some kind of business that only generates income to provide a minimal living for the associated E2 investor and their family members.
- Specifying a List of Documents for the Applicant to Provide to the Authorities: No two E2 visas in India cases are the same. The E2 visa in India lawyer should consult with the applicant to understand the details of the particular case. The associated lawyer should then request all the important documents from the applicant based on the respective case. The person should then be in communication with the same applicant throughout the document collection process. They can offer advice if anyone is missing anything and let them know if the particular application is lacking in any particular area.
- Summarizing the E2 Petition: There will be hundreds of pages of E2 visa in India documentation and other evidence submitted to show that the particular case is approvable. This must be done by the time the respective application for an E2 visa is ready to file. The associated E2 immigration lawyer should prepare a professional cover letter to simplify all of the evidence. The letter should also summarize the applicant’s case so that the respective immigration official can easily understand everything.
Key Terms for the E2 Visa in India
- Reciprocity Schedule: The predetermined duration of the E2 Visa in India validity. In the case of other countries, it is usually based on diplomatic agreements between the U.S. and the treaty country
- Authorized Stay: The permitted period during which a particular E2 visa in India holder can reside in the United States.
- Investment Continuity: The requirement for E2 visa renewal showcases the ongoing investment and active management of the existing business in the U.S.
- Treaty Countries: Nations with which the United States has established treaties. This further allows their citizens to apply for E2 visas.
- I-94 Form: The record of an individual's arrival and departure in the U.S. which indicates an authorized stay duration.
Final Thoughts on the E2 Visa in India
Any Indian investor or entrepreneur may be interested in pursuing an E2 visa in India. The document is a great option to start a business in the U.S. or to purchase any other existing business. However, the interested individual must have citizenship from a country with an E2 treaty with the U.S. to qualify for an E2 visa. India does not originally have any E2 treaty with the U.S. Therefore, the applicant may consider applying for citizenship to another country that has an E2 treaty with the U.S. to qualify for an E2 visa. Grenada and Canada are the two most popular countries that individuals usually prefer for this process. They can also approach a professional lawyer to ensure a smooth implementation of their E2 visa in India application process.
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