E-2 Visa Lawyer – SCAGLIARINILAW
RECENT TRENDS IN IMMIGRATION LAW have rendered the E-2 visa category an appealing alternative to more common visa classifications. While the much-sought-after H1-B visa is subject to numerical limitations, and L-1 Visas require 12 months of previous employment history with the company abroad, an E-2 visa allows investors of a “treaty country” and their executives, managers, and essential skills workers to come to the United States to “direct and develop” or to perform Executive, Managerial or Essential work for the Treaty Company (The U.S. Company which is the object of the investment and that is the vehicle for the E-2 Visa application).
Although an E-2 visa is often issued for an original duration of 5 years, it is easily renewable if the requirements are still met at the expiration of the initial 5 year term. The rules requiring the investor to maintain a residence in a foreign country are relaxed, and, these visa can sometimes be renewed indefinitely.
There are several important requirements such as those of “Substantiality” of the investment (the E-2 visa investment must be “substantial” according to the applicable regulation, but no minimum amount of investment has been declared expressly sufficient for an E-2 Visa), “Non-Marginality” of the E-2 visa enterprise (the E2 visa investment must not be destined solely to earn a living for the E2 investor and his or her immediate family), “Source of Funds” (the E-2 visa funds must be traceable to the E2 visa investor and must not be the derived from unlawful activities), “Nationality” (the E-2 visa enterprise and the E-2 Investor, Executive, Manager, or Essential Worker must be from the same country and the country must have executed and ratified a commercial treaty with the U.S.), and “At Risk Funds” (the E-2 visa investment must be at risk in a commercial sense and subject to loss in case of reversal of business fortune).
Also, the E-2 visa application can normally be pursued either at the specialized section of the U.S. Consulate having jurisdiction over the alien place of residence OR by way of Change of Status within the U.S.
However, even if a change of status to E-2 is approved by USCIS, in order to travel and re-enter the U.S. the applicant will need to re-apply at the local consulate abroad and the E-2 Visa application will be adjudicated de novo.
Additionally, some E Visa Sections, including the E Visa section in Rome, Italy, have recently seen a dramatic increase in the number of E1 and E2 visa application, and have increased the minimum processing time for an E visa application, causing long backlogs. For examples, in Rome an E-2 visa now takes a minimum of 10 to 12 weeks to process.
These and many other considerations are best explored with the assistance of a skilled E-2 visa lawyer (a U.S. licensed layer with substantial experience in E-2 Visa applications). We have seen many clients ruined or their chances greatly prejudiced by E-2 visa applications filed by unlicensed individuals such as notarios, travel agencies, visa services and agenzie visti. These individuals are very likely to engage in the unauthorized practice of law and are prosecuted in many states by local enforcement agencies.
pouses of E visa holders are allowed to work, unlike H4 visa holders (spouses of H1-B visa holders) or F-1 students and their dependents. Obtaining an E-1 visa or E-2 visa can seem a daunting task, but with the assistance of an experienced immigration attorney the applicant should stand good chances if the requirements for the classifications are met.
dmittedly, many of the requirements are somewhat discretionary and difficult to quantify (such as substantiality and nonmarginality of the investment, requirement that the alien develops and direct the enterprise, formulation of a proper business plan, etc.), but the E-1/E-2 visa category should not be overlooked by the candidate interested in exploring options to come to the U.S.
U.S. Immigration Lawyer GIUSEPPE SCAGLIARINI is a U.S. Immigration Lawyer based in Newport, RI and offering assistance to clients worldwide to obtain E-2 Visas and many other types of visa and immigration benefits, including H-1B Visas, L-1 Visas, O-1 Visas, Green Cards, Adjustment of Status. Attorney Giuseppe Scagliarini has been practicing for over 20 years and has substantial experience in assisting foreigners with the issuance of E-1 Visas (Treaty Trader Visa) and E-2 Visas (Treaty Investor Visa) at consulates throughout the world.
Even in situations where the classification may initially seem inapplicable, there are instances where it may be possible to request the same, as in the case of E2 visas for mangers or executives or visas for essential employees. Please read the numerous testimonials and thank you letter from clients we have published on this page and elsewhere on our web site from many successful E-2 Visa applicants.
Attorney Giuseppe Scagliarini speaks both English and Italian and E-2 visa consultations can be conducted in either languages.
Persons interested in obtaining an E-2 Visa with the assistance of an USA Immigration Attorney should contact us by email to schedule a in-person consultation at our Newport, RI offices, or a consultation via Telephone, Skype, or FaceTime Conference.
Dear Giuseppe, I’ve had a rough path when it comes to immigration lawyers. Many let downs, complicated cases and lack of attention. Finally I decided to enquire about a possible E1 visa with your firm and since the first meeting I felt the attention that my case deserved. You guided me the right way and made me understand how the process worked. Even with the difficult times that the American Immigration process is facing now, you were able to assist me the fastest way possible with the approval of my E1 Visa. Thank you so much for the assistance. Your knowledge and, most importantly, passion towards the law is what makes your firm the best I’ve worked with. My best,
Gentile Avvocato, Tutto bene, il colloquio è stato proprio una formalità. Tre domande in piedi davanti allo sportello: siete sposati? Che lavoro farà? Ha esperienza in questo lavoro? La ringrazio per il risultato e per il lavoro che ha svolto con grande professionalità. Come le avevo anticipato sono andata alla Fontana di Trevi, Roma è sempre una bella città. Cordiali saluti F.G.
In my quest to be able to work in United States, after failing to obtain a H1-B visa with other attorneys, I was introduced to Giuseppe and Rosanna by a satisfied client of them. Giuseppe interviewed me and found the right Visa for me, listening and understanding the situation. They helped and supported during all the process, filing an E-1 Visa Application for me, and made it as much as stress free as possible. Giuseppe assisted in all follow-up correspondence with the Consulate and even clarified what additional documents I should bring with me at the interview. Top notch professionals, always kind and helpful, I definitely recommend them and will go back to them in case of need.
Abbiamo utilizzato i servizi dell'Avv. Scagliarini nel corso dell'anno 2011 e 2012. Inizialmente ci ha supportato egregiamente nella richiesta di un visto L1A in quanto l'azienda in Italia di cui ero Presidente era stata acquistata a un'azienda Americana e personalmente trasferito negli USA. In questa fase ci e stata molto utile la Sua esperienza e i Suoi consigli per ottenere in tempi rapidi e addirittura senza alcuna richiesta da parte dell'ufficio immigrazione di ulteriore documentazione il visto. Puntuale e preciso, ci siamo trovati veramente molto bene. Successivamente si e creata una situazione di emergenza e il supporto dell'avv. Scagliarini e' stato ancora piu cruciale ed importante, riuscendo a risolvere in modo egregio, rapido e puntuale la nostra situazione e facendoci ottenere un visto E2 da noi molto agognato. Non posso che suggerire a chiunque ma ovviamente maggiormente a chi proviene dall'Italia data la facilita' di linguaggio, di utilizzare l'Avv. Scagliarini specialmente perche per esperienza diretta il processo di immigrazione USA pur funzionando molto bene ha bisogno di essere capito e conosciuto molto bene. Non posso che ringraziare a nome mio e di mia moglie l'avv. Scagliarini per tutto il supporto e per averci risolto una situazione che a noi sembrava molto complicata. Grazie ancora
Dear Joe, I know how much time you have devoted to helping us obtain the visa. Phew, it is finally done. Thank you so much for you patience. (...) Well, it is done. I hope I won't have to wait five years before seeing you. I for one will probably be back East in September. I'd love to take you out for a good lunch. Many Thanks. Appreciatively,
Caro Giuseppe, ce l'abbiamo fatta! Volevo ringraziarti per tutto quello che hai fatto per me, per aver preso a cuore il mio caso, per la serietà e l'impegno. Il 28/04 dovrei essere a Newport, quindi avrò modo di ringraziarti di persona. Grazie ancora per tutto. Un abbraccio.
Dear Giuseppe, We have finally obtained E-2 visas for all the family. I wanted to thank you for all your professional assistance, which was of great help not only in securing approval of our visa application, but also in all the various phases of the long negotiations necessary to acquire the U.S. Business. Your competence and your advice were always priceless, and allowed us to see to completion an extremely complex transaction. Following your directives, and thanks to all the work performed before we even applied for our investor visas, we were able to undertake the consular interview with ease and peace of mind, and without any surprises. We are now ready to start our new life in the United States! Thanks for everything you did for us!
Dear Giuseppe, I have just come back from the Consulate. Everything went well, and the Consulate issued the visa without a problem. I must confess that I was a little worried since the Consul denied the applications of to the two people in line in front of me. On the contrary, I was not asked a single question because the documents that we submitted were abundantly clear. They did not ask any questions about my prior overstay either, we never even started the conversation. They took my fingerprints and in a minute I was outside with my visa stamp. I wanted to thank you for all the work that you performed for me preparing all the supporting documents perfectly, and because you have always been of great help.
Dear Giuseppe, Thank you for the wonderful job you did in helping us acquire our E2 visas for our Chefs Gianluca and Michele. Under our particular circumstances, it was by no means an easy feat. I am sure it was one of the more difficult and impossible E2 visas to obtain, but we succeeded. Your loyalty, your commitment to the case, your everlasting patience, determination and knowledge made us stay the road... We have had a successful summer with Gianluca and Michele, and many thanks to you for that. You always have a table at Pasta Beach. Next time we need a visa, I know it will be a lot easier. With our warmest regards,
Dear Giuseppe, Rarely my fiancee' and I have been as happy in a professional relationship as we have been with your Law Offices and with your legal services. Your extremely detailed legal advice was what allowed us to start our new U.S. business. We consider ourselves very lucky, especially in light of the fact that another friend of ours (who did not use your legal services) was just denied admission and turned back at the border. Thank You Again,