E Visa Myths and Facts

In this segment, attorney Jacob Sapochnick Esq., addresses common E visa myths and the facts surrounding the E visa program.

Overview: 

Here are the common myths and misconceptions that clients have about the E visa program:

The first myth is that you need to invest more than $100,000 to be able to obtain the E visa. This is not true. According to the law, in order to qualify for an E visa, the investment amount must be reasonable. The amount you will invest will depend on the type of business you trying to set up. For example, if you are interested in starting a consulting company, a reasonable amount would be $50,000 or higher depending on your expenses. If you are looking to start a restaurant, $50,000 would likely not be enough to cover your expenses. When considering how much money to invest, you must first determine the kind of business you want to invest in, and how much money you will need to properly set up the business and cover your expenses. We recommend that investors develop a 5-year business plan to explain how the investment funds will be allocated to cover the company’s expenses over an extended period of time. The business plan will also project the company’s growth and other important factors.

Keep in mind that the lower the amount is that you have invested in the business, the more you are going to have to spend from that money, before the case is filed with USCIS. Before a case is submitted to USCIS, most of the money must be invested in the new company, to show USCIS that your investment is committed and at risk.

The second myth is that investment in real estate qualifies for the E visa program. Unfortunately, investing in real estate is not sufficient for E visa purposes. To qualify for the E visa program, the new business must be active. Additionally, you must demonstrate to USCIS that new jobs will be created for Americans and that the company will generate revenues in the future.

Another question that typically comes up is whether E visa holders can work from home. In some cases, yes E visa holders may be able to work from home. We strongly advise against this. The more documented evidence the E visa holder can provide USCIS to prove that their investment is at risk, the higher the likelihood that the E visa will be approved. If you are running your business from home, there may be a presumption that you are minimizing your investment, and that your investment is not at risk. It is typically discouraged to set up the business from home for this reason.

Another common question is whether an investor can move money to the US, and upon approval of the E visa, transfer the money back to a foreign account. The answer is no. The money that you invest in the new company must be committed and at risk. If you transfer the money abroad once your E visa has been approved, you will not be able to extend your E visa, and you may potentially run the risk of being investigated by USCIS for fraud.

Overall there is no set amount that you need to invest, you cannot invest in real estate for E visa purposes, and it is not recommended that you work from home.

To learn more about the E visa, and other work visas please click here. Please call our office for a free consultation.

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