Visa Approval

Welcome to the United States as an E-2 visa holder! This journey symbolizes the start of an exciting phase in your entrepreneurial career. To help you navigate the initial complexities, this guide delves into detailed steps you must undertake upon arrival. These steps are crucial for a seamless transition and a strong foundation for your business in the U.S.

1. Customs and Immigration: Your First Step

Upon landing in the U.S., your initial interaction will be with the Customs and Immigration Officer. This step is crucial for setting the tone of your stay:

  • Presenting Your Visa: Highlight the E-2 visa page in your passport. Given other visas or ESTA eligibility, the officer must recognize your E-2 status, granting you admission for up to two years, subject to your passport’s expiry.
  • Documenting Your Admission: Access the Customs and Border Protection website (www.cbp.gov) to retrieve your I-94 documentation after admission. This digital record is your official proof of admission length and status in the U.S., and it is frequently requested for various legal and administrative procedures.

2. Business Establishment Post-Arrival

For entrepreneurs whose investment was contingent upon receiving the E-2 visa:

  • Closing the Deal: Coordinate with your business broker to finalize the acquisition of your business. This includes transferring funds post-closing and officially taking over the business operations.
  • Training Period: As stipulated in the Asset Purchase Agreement, leverage any arranged training with the previous owner to understand the intricacies of your new business.

3. Social Security Number (SSN): A Necessity for the Principal Investor and Spouse

  • For the E-2 Principal: While not mandatory for running your business (as you’ll have a business tax ID), obtaining a personal SSN is advisable for easing personal and business transactions and legalities.
  • For the Spouse: Due to their derivative E-2 status, they can apply for an SSN concurrently, even before obtaining work authorization.

4. Tax Identification for Dependents: ITIN Process

  • Children’s Eligibility: Although your children cannot obtain an SSN, they must apply for an ITIN for tax filing purposes, allowing them to be claimed as dependents.

5. Securing a U.S. Driving License: Understanding the Requirements

  • License Validity: Verify if your home country’s driving license is recognized in the U.S. If not, or if you’re required to, prepare to undertake the necessary written and practical driving tests. Reciprocity agreements with certain states might exempt you from these requirements.

Conclusion

Starting your business venture in the U.S. under an E-2 visa is an exhilarating opportunity. These detailed steps will ensure compliance with U.S. regulations and facilitate a smoother transition into the business landscape. Preparation, understanding, and adherence to these guidelines are vital to establishing a successful entrepreneurial presence in the United States.

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You may have questions regarding E1 or E2 Visa status. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.

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