Transferring Your E-2 Visa to Another Company: Process, Requirements, and Tips

Transferring Your E-2 Visa to Another Company #MagDIGIT

The E-2 visa is a popular choice for foreign entrepreneurs looking to invest and work in the U.S. through their business ventures. However, what happens if you want to transfer your E-2 visa to a new company? Here’s a breakdown of the process, requirements, and tips for a successful transition.

1. Understand the E-2 Visa’s Foundation

The E-2 visa is tied to a specific business where the visa holder has invested a substantial amount of capital. When seeking to transfer your E-2 visa to a new company, the same foundational elements apply: the business must be operational, you must have an active role, and the investment should remain substantial in the enterprise.

2. Requirements for Transferring the E-2 Visa

To transfer your E-2 visa to another company, the new business must meet the same conditions as the original:

Substantial Investment: You need to show that the investment in the new company is significant enough to support the business.
Operational Business: The new company must be an active, real business, not a passive investment.
Ownership & Control: You must maintain at least 50% ownership or retain operational control over the business.
Risk of Loss: The investment must be at risk of being lost, meaning that it is irrevocably committed to the new business.

3. How to Apply for a Transfer

To transfer your E-2 visa to another company, you must petition the U.S. Citizenship and Immigration Services (USCIS) or apply for a visa change at a U.S. consulate if you’re outside the country. You must submit documents proving the new company meets the E-2 visa requirements, such as financial statements, business plans, and evidence of ownership and investment.

4. Key Tips for a Smooth Transfer

Prepare Thorough Documentation: Compile all documents related to your new business, including proof of investment, business licenses, and operational plans.
Seek Legal Guidance: Navigating U.S. immigration law can be complex, so working with a specialized law firm like Lunel Law ensures that all legal requirements are met.
Plan: Transfers can take time to process, so ensure your transition aligns with the validity of your current E-2 visa status.

Conclusion

Transferring your E-2 visa to a new company is possible, but it requires meeting stringent criteria and providing solid evidence that the new business aligns with U.S. immigration laws. At Lunel Law, one of the best immigration companies in the USA, we specialize in U.S. business immigration and can guide you through every step of this process. Contact us today for expert assistance from one of the top immigration law firms in the USA.

For more information, reach out to Lunel Law for personalized guidance