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Tips for Avoiding Delays in the E-2 Visa Process

In this post, I offer a few simple tips for avoiding delays during the E-2 visa process.

When my clients decide on opening a US business and pursuing the E-2 visa, they want to move lightning fast. So, I figured that it would be helpful to offer some suggestions that will reduce your wait time.

avoiding delays in the e-2 visa process; form your entity

Tip #1: Form Your Corporate Entity as Soon as Possible. 

Even before you are 100% sure that you want to apply for the E-2 visa, you can form your business entity. This can be done inside or outside of the US and is best accomplished with the assistance of a business lawyerBut, if you don’t want to hire a business lawyer, there are a number of services such as Stripe Atlas that will enable you to form a simple corporate entity.

Once your business is formed, you can apply for an EIN, set up a company bank account and start transferring funds into that account. You will then use those funds to purchase all of the items and services that are necessary to start your business. 

This process can take a while and hold up the E-2 visa application. So, take this step early on to avoid a delay in the E-2 visa process.

avoiding delays in the e-2 visa process; gather documents

Tip #2: Gather Documents Early

I’m not sure how other lawyers work, but in order to avoid starting and stopping work on a case, I like to have all of the relevant documents before I start to organize the application package, draft a brief in support and complete all of the relevant forms.  So, obviously the earlier I have the documents, the earlier I can file for my clients.

avoiding delays in the e-2 visa process; slow down

Tip #3: Do Not File Before You Have Everything That You Need.

There is an old saying that I love that came from the Navy seals. The phrase says that…

Slow is smooth and smooth is fast

This is a reminder that the best way to move fast  is to take your time, slow down, and do the job right. 

When it comes to the job of filing an E-2 visa application the best way to proceed is to ensure that you have everything in place at the time of filing. Make sure that the business is fully set up; make sure that your investment is placed at risk; have everything that you need before you apply. 

I know that it is tempting to want to complete some of the tasks on your business to do list after you get the E-2 visa. But, if you fully set up your business initially and present all of the documents that prove your qualifications, the government will be less likely to request additional evidence down the road which would slow down the E-2 visa process.

Conclusion: Tips for Avoiding Delays in the E-2 Visa Process

So there you have it. Those are my three tips for reducing delays during the E-2 visa process:

  • form your entity early
  • provide the documents to your lawyer as soon as possible and
  • send in a complete application initially

Hopefully this info was helpful. Thanks for your time and best of luck on your E-2 visa journey!

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Benjamin Frear, Esq.

Immigration Lawyer For Entrepreneurs and High Growth Companies

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