E-2 Visa: Azerbaijan to U.S.A.

E-2 Visa: Azerbaijan to U.S.A.

E-2 Visa: Azerbaijan to U.S.A.


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Azerbaijan is one of the many countries that entered into bilateral trade agreements sometime back after getting its independence and hence its nationals are allowed to establish businesses in the U.S.A. and relocate with their families utilizing an E-2 investor visa.

Who Can Apply For the E-2 Visa?

Persons who do not have the citizenship of Azerbaijan should not apply for this kind of visa because it is only meant for the citizens of this country. In fact, all applicants must present their national identity cards to prove they are not aliens residing in this country.

If you are going for the venture on your own, you need to file your independent visa application to the consulate office in Azerbaijan because it is the only institution that has the authority to issue these visas.

Cover Letter Is Crucial

It is necessary to prepare a cover letter that states why you intend to invest in the US including the persons that stand to benefit from your economic activity in the country.

You should ensure that you make a single copy of all the documents that are needed and bind them with a hardcover material. This is done to prevent your papers from accidentally coming off while in storage.

Get a Valid Passport

Azerbaijanis should be in possession of a passport to be allowed to enter the U.S. If your passport is expiring soon, you need to apply for another one because you can not use a passport whose expiry date does not go beyond 6 months after the expiry of your investor visa.

Fill the Forms Correctly

It is necessary for every applicant to complete form Ds-160 before applying for E-2 visa. On the other hand, those that wish to be represented by a lawyer must submit form G-28 which serves as legal notification of the lawyer’s participation in their pursuit of the E-2 visa. Any employees who will be sourced from Azerbaijan should get an authoritative letter from the investor of the same nationality.

The letter submitted by a potential Azerbaijan investor must explain their role in the company. This letter should be complemented with a C.V. of the employee because their skills in the said job will be probed.

Look For a Business in the US

Azerbaijanis are issued with E-2 visas on condition that they identify businesses that they can establish in the U.S.  As an Azerbaijani applicant, you need to either purchase a business or place the monies in escrow as well as have a purchase contract prepared, before requesting an E-2 visa. This is because all alien investors are required to have already established a venture in the U.S. to prove that they are serious about their need to migrate to the country.

Make Sure the Business Qualifies

Azerbaijan nationals can go into business in just about any field in the U.S. as long it is legally recognized. An applicant can own a business by either purchasing a pre-existing business, starting a new business from scratch or purchasing a franchise business.

No matter what kind of business you wish to acquire, you must ensure that you own the majority share of the business. Otherwise you will not be acknowledged as the rightful owner. Once you have taken ownership of the business, you should make copies of share certificates and license agreements and attach them in your application.

Joint Ownership

Azerbaijanis are allowed to invest in the U.S. by pooling their funds together. In such a case, each individual involved in the deal must explain the structure of the merger. Parents and their children can join their funds and apply for E-2 visas. The same is allowed for married couples.

However, Azerbaijanis are not allowed to partner with U.S. residents who are not yet citizens of that country. In fact if you purchase a pre-existing business, it must be initially under the ownership of American nationals.

Startup businesses also qualify for E-2 visas but the Azerbaijani national has to present the business plan indicating how the business will operate in the U.S. and project how it will be financially profitable.

The easiest approach is to purchase a franchise business, which is already well known, well respected and has a history of success.

Marginal Businesses Are Not Accepted

The businesses that are to be owned by Azerbaijani investors must not fall under the category of marginal investments. In fact, they are supposed to involve a substantial investment amount. There is no stated minimum of what is considered a minimum investment, but typically investments of at least $100,000 and above towards are anticipated.

For the business to be branded as a profitable venture, the earnings reflected in the financial statements and projected earnings must be enough to support the investor and their dependents, as well as employ a minimum of 2 U.S. fulltime employees.

Earnings Must Be Genuine

Azerbaijan E-2 investors must explain how they obtained the funds to establish a business in the U.S. You must attach documents of proving your investment capitol was obtained through genuine means. Be prepared to provide tax returns from existing ventures and investments  for their funds to be considered legitimate.


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How to Finance Your E-2 Project

Azerbaijani applicants who are not able to raise the substantial amount of money can mobilize funds by borrowing from their families and friends. Alternatively, they can seek asset financing loans from banks.

Create Opportunities for Americans

An E-2 venture owned by an Azerbaijani must employ a minimum of 2 Americans within the first 2 years of inception. The Americans must be employed full time. This requirements ensures that this business venture is contributing positively to the U.S.’s economic stability. The 2 positions must be reserved separately from those that are meant for other employees from the treaty country. The investor must hire the employees using the appropriate procedures and document the process because it will be requested for by the consulate officers.

Spouse and Children of the Investor

The Azerbaijani applicants benefit from getting the E-2 visa by being allowed to come to the U.S. with their spouse and children below the age of 21.The spouse must be legally married to the Azerbaijani investor otherwise he/she cannot enter the U.S. In fact, the spouse can look for work elsewhere upon entering the U.S.

The children will also have to apply for their own independent visas after reaching 21 years of age, because they will no longer be shielded by their parents’ visas.