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

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


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Georgians can apply for enrollment into the E-2 visa program. The program allows individuals who come from countries that retain business treaties with the U.S. to migrate into the country as investors. The foreigners are allowed to establish businesses in the U.S. so that they can employ skilled Americans and contribute to the U.S. economy.

Through the E-2 visa program, Georgians can remain in the U.S. for five years. This means that the Georgian investors have to renew their visa after every five years. Those who do not wish to extend their stay in the country can return before the expiry of their visa. There are various steps that should be followed when applying for an E-2 visa in Georgia.

Complete the Relevant Forms and Submit Relevant Documents

E-2 visas are issued by the consulate office in Georgia because one can only apply for this kind of visa from their home country. It is therefore necessary to confirm that your country is among the countries that are allowed to apply for this kind of visa.

You need to obtain a passport from the Georgian authorities because you can not leave or enter another country without it. Moreover, the consulate office in Georgia grants E-2 visas to applicants by stamping their passports and so there is no point of applying for the visa if you do not have a passport book.

Georgian candidates should complete form Ds-160 and sign it. The consulate office makes it possible for all applicants in the country to access the form by placing it in their website where it can be downloaded and printed.

There is a E-2 visa application fee that must be paid by every Georgian applicant. You should also be aware that the fee is not refundable.

Let the Immigration Attorneys Do Their Magic

You may not be sufficiently knowledgeable in legal issues and so it is better to hire an immigration lawyer to file the petition on your behalf. This is because such lawyers have broad knowledge in handling E-2 petitions and hence you can be sure that your chances of getting the visa will be high.

An immigration attorney can represent you if you have completed form G-28.The form seeks to obtain the contact details of the lawyer such as their phone number, fax number and email address. It also serves as the official notification to the consulate office about the immigrations lawyer’s participation in the petition.

You Need To Own a Registered Company

It is recommended that you first establish an enterprise in the U.S. before pursuing the E-2 visa. This is because you are supposed to have already invested a certain amount of money in the U.S. prior to making an application.

The best approach as a Georgian investor is to submitting escrow payments to a U.S. based bank. You can not declare yourself an investor if you are not able to demonstrate that you have sufficient funds under your control.

The Georgian Must Head Company Operations

The consulate office in Georgia states that all E-2 applicants must be willing to remain as active participants to their enterprises in the U.S. and so they can not look for work in other areas. In fact the investor is regarded as an employee of themselves.

Substantiality of Business Investment Has To Be Meet

A Georgian E-2 applicant should ensure that the investment project is worth the substantial investment required.  This is because the business has to remain active even when the market takes an unexpected turn. The substantiality of a Georgian investor is determined by calculating the cash that was spent when acquiring the business against the worth of a similar business in the industry.

Substantiality is not fixed because it varies by the nature of the business enterprise.

The Venture Has To Be Fruitful

An E-2 investment is not satisfactory if it does not generate adequate returns. Adequate returns here does not refer to earnings that are only be enough to pay your monthly bills. Your project has to make abundant returns so that you are in a position to fund the operations of your business in case certain months are dormant.

The profitability of a business is determined by considering its impact on the host country’s economy. This is evidenced by the company’s balance sheets over the last 3 years. If jobs continue to be created due to the company’s expansion then the project is sustainable. The financial records are also probed when the returns are being evaluated. The Georgian investor should therefore prepare these records in advance so that he is not caught unaware.


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Funding Your E-2 Enterprise

Every Georgian should declare the source of the investment funds when filing the E-2 visa petition. This is because Georgians can only fund their projects using money that they obtained lawfully. You can sell any of your assets in Georgia including inherited assets but the receipts that are used in the transactions must be enclosed in the petition.

If a Georgian has sourced his funds from a well paying career in their home country, they must attach the pay slips of up to 5 years to justify the earnings. On the other hand, if the funds are owed to a successful business in Georgia the applicant has to submit tax returns report to verify its legitimacy.

Other Potential Sources of Money

As a Georgian investor in the US, you are allowed to pool funds with fellow Georgians provided that they also declare the sources of their investment funds. In fact, an investor can solicit funding from Georgian friends and relatives. However, the friends and relatives must write an affidavit to prove that they are known to you.

A Georgian investor can finance his E-2 project through a bank loan. However, the investor has to look for alternative assets that can be used to secure the loan because the business project can not qualify as collateral. You can actually use your assets that are based in Georgia. Above all, the money has to be sourced from outside the U.S.

Two Americans to Be Hired In 2 Years

A Georgian has to create job opportunities for at least 2 U.S. nationals in the business. The size of your business does not matter because this requirement is compulsory for all E-2 investors. Furthermore, these two employees have to be hired on a full-time basis.

The hiring process should be carried out within the first two years if the company is a startup enterprise. If the company already exists prior to filing the petition, there has to be at least two American employees and if they are not present they have to be hired as soon as possible.

The Spouse and Family of the Investor Is Welcome

Upon getting the E-2 visa, the Georgian investor can arrange for the relocation of their family including their spouse and children to the US. The spouse and children are allowed to continue staying in the U.S. as long as the principle investor has a valid E-2 visa status.

The children have to be under the age of 21 or they will have to remain behind. Moreover, the said kids will no longer be eligible for their parent’s visa dependence once they reach the age of 21. At which point, they will have to apply for unique visas or go back to Georgia.