specific questions about E-2

R

RemcoSkelter

New Member
Hello,
We are currently staying on St. Thomas (US Virgin Islands). We want to start a retail business here in a leased property. Before we go back to Belgium to apply for the E-2 visa, we want to be sure we take care of all things we have to do here.


We read that you already should have invested your money, or "be in the process of investing". How can you proof that you are in the process of investing? Should you already have ordered inventory for example, or is a proforma order sufficient?

Do we have to put our money in an escrow account as well, or is that only used when someone buys an existing company? Will the money in the escrow account become the starting capital of the company once the visa is approved?


We will be using a consulting company to help us with the application in Belgium, but unfortunately we did not hire them before leaving, so they are not very keen to helping us now, which I can understand.
I hope someone on the forum can help me with this.

Thanks in advance,
Remco
 
Typically Immigration likes to see that your investment is "at risk." It is really up to the officer reviewing your application whether he or she believes that you've invested substantial funds and have placed such funds "at risk." I typically recommend ordering any inventory prior to applying for the E-2 visa. However if you do not feel comfortable doing so, you can go with the proforma order. I cannot imagine this would be fatal to your application if the rest of your application is strong.

No, you do not need an escrow account. Once you have opened your company (i.e. corporate formalities), you may open a corporate bank account. Any expenditures prior to visa approval should be made with the funds in that account, such as your lease payments. This makes it very clear where the money comes from and is easily traceable.

Hope this information has helped! (info@thevisaexpert.com)
 
Hi

First I would recommend you do not use a consulting company for your visa

Unless they have an immigration attorney who is a member of AILA

American Immigration lawyers Assn www.aila.org



Next if you want to start a business or buy one, the immigration people do like to see money at risk

You can put money into your own attorneys escrow account, do a lease on premisies subject to visa approval, have contracts in place for equipment subject to visa approval


This way your investment is tied to an attorneys account (do not use the same attorney to hold you money) and if you get visa you would be obligated to close on lease/equipment, therefore showing your money at risk

Do not close on a business and hope you get a visa, others have done it and come unstuck

Do your home work on immigration attorneys-go to

www.whoswholegal.com www.superlawyer.com or try www.shusterman.com

Hope this helps

Sue

www.expatsvoice.org
 
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