Rebec

Hi,
I'm an Aussie (not a Brit) looking into the E-2 "visa from hell" and have a few questions. I'm currently in AU.

1. The first question I have is, how long does it typically take from once a DS-160 application is submitted to getting an interview and then approval? I've read that the entire process from submission to approval can be as fast as 5 weeks?
2. The other question I have is, do I need an immigration lawyer or can I manage the E-2 process myself?
3. Similar to the lawyer question, do I need a professional to create a business plan for me?
4. After reading the Pulaski Way article, an investment amount of $350K is suggested for an E-2 if starting a business. I've also read my success stories where $100K or less was invested. Is $350K really the ideal minimum?
5. My final question is, what ballpark cost with and without an immigration lawyer should I factor in? If a lawyer is recommended, please provide some recommendations (I'd prefer lawyers based in the USA but will also consider others outside of the USA). If a professional business plan is required, please also provide some recommendations.

Thanks for your help (and time),
Rebecca

civilservant

1. Pre COVID maybe. Now most of the battle is getting an appointment for an interview. I can only assume that this would be even worse in Australia with it's rolling lockdowns. My sister is Adelaide is tired of them.

2. You never really 'need' an immigration lawyer, but the process is likely to be smoother for something like an E2.

3. I wouldn't think so, although one wonders what you mean by 'professional' Shouldn't you have the best grasp of what your business plan is?

4. The more the better. Smaller investments are more likely to be denied.

5. Can't help you here I'm afraid, but with attorneys you generally get what you pay for. Someone else here might have a recommendation.

scrubbedexpat099

I seem to remember reading of a case where $20,000 secured an E2.

You are asking very specific questions which depend on your individual case which suggest to me you need specific advise from a Lawyer.

LegalEagleTX

1. This was once possible, but getting non-immigrant visa interviews is currently very difficult and you might be looking at 6 months or more. Our E1s took about 5 weeks in 2019. Initial review of your application could still be done in a matter of weeks, which is where they review your application and may come back to you with any questions or requests for supporting documents. But ultimately you still won't know if you are successful until after your interview.

2. You don't need an immigration lawyer, but you will need to do a lot of research in how to best present your application and to ensure you don't foot fault along the way. Finding a good experienced immigration lawyer with a lot of experience on E2s would not be easy and they might not be cheap and they are not a guarantee of a successful application. You might be better off doing it yourself than hiring a cheap non-experienced lawyer who, like you, would be learning it as they go. In the UK Embassy there was a dedicated team that you could email with questions if you got stuck. It usually took a couple of weeks for them to respond, but their responses were always helpful. It is likely to be the same in Australia.

3. No, but your business plan will be a key component of your application so needs to be carefully thought through and realistic. An unrealistic business plan professionally prepared will likely be worse than a realistic business plan you do yourself.

4. The Foreign Affairs Manual clearly states that there is no bright-line investment required and provide an example where $100k could be sufficient (https://fam.state.gov/fam/09FAM/09FAM040209.html). An investment of $100k does not go very far I'm afraid and in the vast majority of cases will not be sufficient to give comfort the business will, in the short term, be successful.

5. I think in the UK a competent lawyer practicing in a small firm or solo might charge in the vicinity of £5k plus VAT for an E2 application but this does not include the business plan. Unfortunately I don't have any recommendations, I did our E1s myself.

Rebec

Thanks.

This is more about the presentation of the plan, not just the content.

Any ballpark figures or is this completely contextual based on the business?

Thanks

Rebec

Any recommendations?

Rebec

Can an E-2 application and interview be expedited? Are there other reasons for this besides national interest?

If doing this myself, can you direct me to any resources that clearly lay out what documentation is required, how it should be presented and submitted, what to include and say (and what not to include and say)?

Thanks

Thanks for the link. The example clearly show that everything is contextual and reviewed on a case by case basis.

Thanks

LegalEagleTX

Not that I am aware.

There is this on the U.S.'s UK Embassy website, might be something similar on the Australian one -> https://uk.usembassy.gov/visas/treat...-investor-e-2/ You need to ensure you address each and every bullet point. The other key resource is the Foreign Affairs Manual. Then a lot of Googling.

If you are organized, methodical and have good comprehension you can do it. TImeframes are somewhat out of your control. Good luck. And, oh, don't forget to register for the Diversity Visa for 2023 when it opens (if you qualify that is).

Rebec

Ok, thanks.

Thanks again!

S Folinsky

I practiced US immigration law for 40 years before my retirement which included a fair number of E visa applications over the years. On two occasions over the years I was called upon to fix cases where a 50/50 partnership resulted in one E visa grant and one E visa denial. 50% of the $$ investment was “substantial” and the other 50% was not. I found it frustrating that if we had been in the process at the beginning we would have structured the investment in such a way as to obtain two visas.

In evaluating a possible E visa, the matter is often complicated by the fact that other than “nationality” the various elements must be examined in a holistic manner in relation to the facts and the other elements. So asking about elements as discrete factors not only doesn’t work, it can often be misleading.

I would recommend at least a consultation with an attorney (or firm) with E experience. (I’m not giving any recommendations inasmuch as the powers that be in the forum have <snipped> out names I have given. Also, I don’t use the PM function).

BTW, the E-2 is not the “visa from hell.” It just depends upon what your goals and expectations are.

Final comment- the visa process, including timelines, is still screwed up due to the pandemic.

Good luck.

Rebec

Hi Folinsky,
Thanks for sharing.

I've searched the forums and have found a few consistent references so I'll likely reach out to a few attorneys and see what options there are.

fs05

Is it common whereby there is a 50/50 partnership for a E2 company (new setup) and with equal investments , one partner is granted and the other is not ?