What is the process for obtaining an E-2 visa if I am planning to invest in a US-based business?

As a lawyer, I can advise you on the process for obtaining an E-2 visa if you are planning to invest in a US-based business.

An E-2 visa is a non-immigrant visa that allows foreign nationals to enter the United States to invest in and manage a business. To qualify for an E-2 visa, you must meet the following requirements:

1. The investor must be a citizen of a country that has a treaty of commerce and navigation with the United States. A list of such countries can be found on the US Department of State website.
2. The investor must have already invested or be actively in the process of investing in a US-based business. The investment must be substantial and proportional to the type of business.
3. The investor must have control of the funds invested and must be able to demonstrate the source of the investment funds.
4. The investor must be seeking to enter the United States solely to develop and direct the investment enterprise.

To apply for an E-2 visa, you must complete Form DS-160, Application for Nonimmigrant Visa, and pay the non-refundable visa application fee. You will also need to provide the following documents:

1. Proof of citizenship of the treaty country.
2. Evidence of your investment in a US-based business.
3. A business plan outlining the nature of the investment and the expected return on investment.
4. Evidence that the investment is substantial and proportional to the business.
5. Evidence that the investment funds are under the investor's control and have a lawful source.
6. Evidence that the investor will be actively involved in the management of the investment.
7. A statement outlining the applicant's long-term intent to depart the US upon expiration of the E-2 visa.

Once you have gathered all the necessary documents and completed the visa application, you can schedule an interview at the nearest US Embassy or Consulate. During the interview, you will need to provide additional information and answer questions about your investment plans and your qualifications for the visa.

It is important to note that obtaining an E-2 visa does not guarantee entry into the United States, and the consular officer may deny your application for various reasons. Therefore, it is important to ensure that all required documents are in order and that you can clearly demonstrate that you meet all the requirements for the visa.

In conclusion, the process of obtaining an E-2 visa involves demonstrating sufficient investment in a US-based business and meeting the other requirements outlined above. It is advisable to seek the assistance of an experienced immigration attorney to help prepare your application and provide guidance throughout the process.