Immigration Issues/Can i get E2 visa?



My H1 visa was rejected under 212(a)(6)(c)(i) in 2002. I applied tourist visa in 2014 from Australia and visa officer applied waiver request on behalf of me and got 1 year tourist visa stating "212(d)(3)(A) waiver of 212(a)(6)(c)(i)" after around 4 months.

So my question is I am Australian Citizen and want to apply for E2 visa. So Can i get E2 visa or will it be an issue because of earlier rejecting under 212(a)(6)(c)(i)?

Thanks & Regards,

ANSWER: Hello,

If you are inadmissible according under section INA 212(a)(6)(C)(ii)), there is a discretional waiver under section INA 212(d)(3)(A), particularly for non-immigrant visas. For this waiver, consular officers take into account three factors:

(1) The risks of harm in admitting the applicant;
(2) The seriousness of the acts that caused the inadmissibility; and
(3) The importance of the applicant’s reasons for seeking entry.

With an E2 visa for which you want to apply, I do think you can obtain a waiver due to the fact that you prove your intention to do business and create jobs in the United States, particularly because you already obtained a waiver in the past.

Hoping that the answer is helpful, I wish you good luck.

---------- FOLLOW-UP ----------

QUESTION: There is one of my relative business I am looking into to invest the money for E2 visa. My relative is making money but not showing full amount in tax return. They paying minimum tax. Can I invest in this business? Do I need to have at least 1 local employee to run the business?

Also, How much you charge to process E2 visa application?



You must have invested or be actively in the process of investing a substantial amount of capital in order to qualify as a treaty investor under section 101(a)(15)(E) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(E) (1982). Under the treaty investor criteria, no particular dollar amount is required for an investment to be deemed substantial; however, the investment must be in a bona fide business and, in the case of a new business, the investment must not be in a marginal enterprise solely for earning a living but must be of an amount normally considered necessary to establish a viable enterprise of the nature contemplated.

While some investments of less than $100,000 are approved, it is safe to say that the investment capital and reserves should total at least $100,000 - $200,000. There is no specific number of jobs created but you cannot set up a company just to support you and your family. I recommend you be prepared to demonstrate/project that the business will employ at least 3 or 4 people.

If you apply from outside the USA, you must submit the following documents:

- DS-160 Visa Application form for each applicant;
- DS-156 E, including a Part III form for each principal applicant;

If you are buying an existing business, please provide all of the following that apply in your case:
- A signed, dated, valid purchase agreement;
- Proof of payment for the acquired business;
- If purchase funds are being held in escrow pending issuance of E-2 visa, a binding escrow agreement consistent with 9 FAM 41.51 N8.103, explicitly stating where the money goes if the visa is issued, what happens when it does not, and is signed and dated by all parties. Please cross-reference exactly any relevant purchase agreement.
Signed, dated, valid lease for business premises, including evidence of payments;
- Evidence of any other funds spent to acquire and set up the business

Evidence that the U.S. business ins real and operating:
- Relevant local, state and/or federal licenses;
- Monthly bank statements for the current calendar year;
- Contracts with customers, invoices, and/or purchase orders (if applicable) showing that the US company is already engaging in the business activity for which it was established;
- US company bank statements for the past six months;
- Payroll records for the past six months.

Evidence that the U.S. business is not marginal:
- US tax returns for business for the past three years. Taxes must include all statements and schedules. These must be copies of the signed and dated forms actually submitted to the IRS;
- All W-2 and/or 1099s for the last two tax years;
- Profit and loss statements for the current and previous calendar years.

Hoping that my answer is helpful to you, I wish you good luck.

Immigration Issues

All Answers

Answers by Expert:

Ask Experts


Hung Viet Can


I can answer nearly all questions concerning Canada and U.S. immigration.


I have worked for more than 20 years in the field of Canadian immigration and more than 7 years in the field of U.S. immigration.

Attestation of Collegial Studies in Immigration Consultant

©2017 All rights reserved.