For an E2 visa, do you need to apply where you are resident or where a citizen?
 

Just trying to find where would be best to apply for a E2 investor visa either here in Madrid where i am a Spanish full time resident or London where I'm a UK National?

We have a fully regulated investment fund (Temple-Rock) in Gibraltar which is making investments in the US. We live in Spain full time but are UK nationals/citizens.

Our US lawyer says that we should use London/UK as that is the treaty country but I'm weary due to the no-ties issue that may come up.
I have used Madrid in the past for other visas.

Level of initial investment in US is $1MN leading to $10MN within 8-12months. EB5 is no good as it requires 10 US employees and our US office wont require that many as it will be a branch office.

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

If you're setting up a branch office and the existing business will carry on, then why not a L-visa?

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

Investment in what?

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

Because the fund hasn't been in existence for more than a year and that is a requirement of the L-visa. We understand that E2 isnt the best but it looks like it would work for us.

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

Commercial and residential real estate. This branch office will control 150-200 properties approx. Proving the investment etc isnt a problem.

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

For that sum of money, wouldn't it be better to wait, so that you have a chance of getting a greencard rather than a dead end visa?

/As for where to apply, if you're a resident in one country, you usually can use the embassy in that country, but not all embassies allow third party nationals, so you should check with the embassy, it would usually say on their website.

Isn't that what you are paying your lawyer for though, for advice? If you're not confident in their experience, surely you should be looking for another one, considering your level of investment, a second opinion would be peanuts.

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

EB5 does not require that your office employs "directly" ten US workers. Few EB5 cases involve direct employment of ten or more US workers.

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

Property management is not usually a good fit for an E2.

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

Its not directly managing property rather the investment. The branch office is an SPV of the fund; the management is done by mgmt companies.

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

Lawyer seems to think that we can use E2 then EB1(c) to GC. We did originally look at L1 but it wouldnt work in our situation.
If we could afford the time then yes, we would wait but due to the structure of the fund we need to have a US entity.

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

E2 is the one that requires the number of employees though, not the EB5.

Suppose it's all down to the details of the business plan and the petition.

Good luck.

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

I was under the impression that as a new office you can include the ex-pats towards the 5 employees??
Going back to my original question-where would be best to apply?

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

FWIW, I agree with your lawyer - apply from the UK. Since you're resident in Spain on a full-time basis, you would need to show ties to Spain, not the UK. Indeed, if I'm not mistaken, from a US immigration POV... what you actually need to show are strong ties to a home outside the US not necessarily to the country where you apply.

Ian

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

Usually you can apply for a visa in the country where you are resident (in your case, Spain). Spain is not obligated to process it, though, and has the right to ask you to apply in the UK.

You can try in Spain first, if successful, then great. If they ask you to apply in the UK, then do that.

Rene

Re: For an E2 visa, do you need to apply where you are resident or where a citizen?
 

Remember getting the E2 is one thing. Renewing another.

As has been said down to your business plan. Devil in the details.