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Overcoming E2 Visa Obstacles: Legal Tips for Mexicans

The E2 visa is a popular option for Mexicans looking to invest in and operate a business in the United States. However, the application process and requirements can be daunting and overwhelming. In this article, we will discuss some legal tips for Mexicans to overcome common obstacles when applying for an E2 visa.

Understanding the E2 Visa Requirements

Before applying for an E2 visa, it is important to understand the requirements set by the United States Citizenship and Immigration Services (USCIS). These requirements include:

  • Being a citizen of a country that has a treaty of commerce and navigation with the United States, such as Mexico.
  • Investing a substantial amount of capital in a U.S. business.
  • Owning at least 50% of the business.
  • Demonstrating that the investment is not marginal and will create job opportunities for U.S. workers.
  • Having a clear and detailed business plan.

Seek Professional Legal Assistance

Navigating the E2 visa application process can be complex and overwhelming. Seeking the help of an experienced immigration lawyer can greatly increase your chances of success. A lawyer can help you understand the requirements, gather the necessary documents, and prepare a strong application that addresses any potential obstacles.

Overcoming the Marginality Requirement

One of the most common obstacles for Mexicans applying for an E2 visa is proving that their investment is not marginal. This means that the investment must have the capacity to generate more than enough income to support the investor and their family. To overcome this obstacle, it is important to have a detailed business plan that outlines the potential for growth and job creation. Additionally, providing evidence of past success in similar business ventures can also help strengthen your case.

Renewing Your E2 Visa

E2 visas are typically granted for a period of five years and can be renewed indefinitely as long as the business continues to operate and meet the requirements. However, the renewal process can also present obstacles for Mexicans. It is important to maintain accurate and detailed records of the business’s financials and job creation to demonstrate continued success and compliance with the visa requirements.

Consider Other Visa Options

If you are facing obstacles in obtaining an E2 visa, it may be worth considering other visa options. For example, the L-1 visa allows for intra-company transfers for employees of multinational companies, and the EB-5 visa offers a path to permanent residency for those who invest a substantial amount of capital in a U.S. business.

Final Thoughts

Applying for an E2 visa as a Mexican can be a challenging process, but with the right legal assistance and preparation, it is possible to overcome common obstacles and achieve success. It is important to thoroughly understand the requirements, seek professional help, and have a strong business plan in place. By following these legal tips, you can increase your chances of obtaining an E2 visa and achieving your business goals in the United States.

Read more about US Immigration Solutions for Mexicans

Read more about E2 Visa for Mexicans

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Read more about Overcoming E2 Visa Obstacles: Legal Tips for Mexicans

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Arquímedes 15
Mexico City, 11560

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author avatar
Alexander Jovy - Senior Immigration Expert
Article Written by Alexander Jovy, Co-Managing Partner at Global Immigration Partners. Senior immigration expert with 15+ years in business and investor visas.