When you change your E2 visa business:
Requirement 1. – As a treaty investor, you must be coming to the United States to invest in a new or existing business.
USCIS (U.S. Citizenship and Immigration Services) defines an E-2 investment as the placing of certain capital, (including funds and other assets), at risk in the commercial sense with the ultimate goal of generating a profit. Your investment may be for the purpose of purchasing a pre-existing business. establishment of a new business enterprise. Regardless of which, you must show that the capital you are investing is substantial.
Requirements 2 – Your investment must be in a bona fide company and cannot be marginal.
An investment that is considered ‘bona fide’ is a real and active business or entrepreneurial enterprise that produces tangible goods or services for profit. Such a business cannot be an idle investment held for ‘potential appreciation’, such as undeveloped land or shares held by an investor who does not intend to run the business.
A fringe business is considered one that will not generate more than enough revenue to make a important economic contribution or provide minimal support for you and your family.
Upon approval of an E-2 investment, the investor may work only in the company that he/she founded (or purchased) and the company must manage the activities previously specified in the application at the time of filing. Of course, there are cases where a business owner may want to expand or change the E-2 business. It is then, when the doubt arises as to whether or not the investor should officially attend to this change of status, structure, etc.
If a business change is significant, the investor must apply to the Consulate for approval for this change in business activities. This process differs by Consulate, but involves emailing the Consulate directly to find out their individual criteria. Some consulates simply ask petitioners, based on previous applications, to submit evidence of the new business (eg, new activities, business plan, etc.) and, based on that evidence, approve or deny the change.
The consulate might ask you to resubmit your E-2 application, but it depends on the changes that have occurred or are occurring. It must be said that this request is only necessary if the change of business is substantial.
For example, if you have an approved E-2 visa for a restaurant and later expand your restaurant business to include a bar. It is unlikely that your business has changed enough to warrant a reclassification. However, if he was initially approved as a wedding photography business and opened an auto repair shop in the back, this would clearly represent a substantial change in business.
File your change with USCIS at USA is also another option. Again, this is only done when there has been a ‘substantial change’ in the business. USCIS defines a substantial change as follows:
“A fundamental change in the basic characteristics of the employing entity, such as a merger, acquisition, or sale of the division where the alien works.” It is considered ‘Substantial Change’.
When the USCIS considers that the entity has undergone a “substantial change”, it will be necessary to file a new application for Form I-129. Filing Form I-129 with USCIS facilitates the process of seeking and obtaining approval of a ‘substantial change’. In this case, the E-1/E-2 Classification Supplement, the $325 fee, as well as an adequate explanation and supporting documentation must also be provided at the time of filing.
A ‘substantive change’ in business activities is the key here. Looking at the new aspects of your business, can you make a rational link between the new business and the current one? If you can make this rational link, the change request may not be required.
When writing your business plan and describing your business and submitting your E-2 application, keep the key factors above in mind.
For example, the main business activity in your business plan might be: wedding photography, but then you can also describe additional services, such as; ‘wedding consultant’, ‘nutritional planning’ for weddings, etc.
Consideration of future possibilities when you submit your applicationcan eliminate the need to obtain additional approvals through those government channels.