When the business changes E2 Visa:
Rule 1. - As a treaty investor, must be coming to the US to invest in a new or existing business.
USCIS (US Citizenship and immigration services) defines an investment E-2, such as the location of some capitals, (including funds and other assets), at risk in the sense trade with the end goal of generating a profit. Your investment can be for the purpose of buying an existing business. establish a new business venture. Regardless of which, it must prove that the capital you are investing is substantial.
Requirement 2 - Your investment must be in a good faith enterprise and may not be marginal.
An investment that is considered 'good faith', is an enterprise which is a real commercial or business enterprise, which produces active service materials or goods for profit. Such an undertaking can not be an idle investment held for 'appreciation potential', such as undeveloped land or stocks held by an investor who has no intention to direct the enterprise.
A marginal enterprise is considered to be one that does not generate more than enough income to make a significant economic contribution or provide a minimum stay for you and your family.
After the approval of an E-2 investment, the investor is allowed to work exclusively for the company he / she founded (or purchased ) and the company must manage the assets previously indicated on the application at the time of submission. Of course there are cases where a contractor may wish to expand or change the business E-2. It is then, that the question arises of whether or not the investor has to officially address this change of state, structure, etc.
If a business change is an important one, the investor should ask the consulate for the approval of this change in business activities. This process varies depending on the Consulate, but it comes at the Consulate directly to find out what their individual criteria e-mail is. Some consulates just ask signatories according to the requests of the past, to send out the new business (eg. New activities, business plan, etc.) and on the basis of evidence that they approve or deny the change.
The consulate may ask you to refile the application E-2, but it depends on the changes that have occurred or are occurring. It must be said that this request is required only if business change is substantial.
For example, if you have an E-2 visa approved for a restaurant and then you expand your restaurant business to include a bar. E 'unlikely that your business has changed enough to warrant a reclassification. However, if you were originally approved as a wedding photography business and start a auto repair shop in the back, then this would clearly be a substantial change in the business world.
Archiving the change with the USCIS in the US is another possibility. This again, it is done only when there has been a 'substantial change' in the business. A substantial change is defined by USCIS as follows:
. "A fundamental change in the basic characteristics of the entity that employs, such as a merger, acquisition or sale of the division in which the alien is employed" It is considered 'substantial change'.
When the USCIS believes the entity as having suffered 'substantial changes' then submitting a new Form I-129 Application will become necessary. The form filing I-129 with USCIS facilitates the search process and to obtain the approval of a 'substantial change'. In this case, the classification Supplement E-1 / E-2, the cost of $ 325 as well as an appropriate explanation and supporting documentation must be provided at the time of the deposit.
A 'substantial change' in commercial activities is the key here. If you look at the new aspect (s) of your business, you can make a rational link from the new business at present. If you can do this rational link, then change request can not be requested.
In drawing up the business plan and describe your business and submit the application E-2, hold the key factors mentioned above in mind.
For example, the primary activity in your business plan can be: wedding photography, but then can also describe the additional services, such as; 'Wedding consultant', 'nutrition planning' for weddings, etc.
The consideration of future possibilities when you send application, it can eliminate the need to obtain additional approvals through those channels government.
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