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

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


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Italy has been engaging with the U.S. in business treaties and so its nationals are qualified to apply for E-2 visas. The visas are issued by the consulate office in Italy and so all applicants are required to file their petitions from their home country.

Obtaining an E-2 visa in Italy should be easy provided that the applicant has fulfilled all the requirements. Many applicants don’t get the visa because they are not well informed about the entire process.

You Must Direct the Operations of the Business

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

The best approach as a Italian investor is to submit 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.

Attorneys can prepare contracts that protect your investment funds. The contracts ensure the investment monies are held in an escrow account. The purchase of the business is not effective until the E-2 visa is provided.

Prepare The Necessary Documents

E-2 visas are issued by the consulate office in Italy because one can only apply for this kind of visa from your home country.

You need to obtain a passport from the Italian authorities because you can not leave or enter another country without it. Moreover, the consulate office in Italy grants E-2 visas to applicants by stamping their passports.

Italian 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 Italian applicant. You should also be aware that the application fee is not refundable.

The Venture Has To Be Fruitful

E-2 investors are required to make abundant profits. An E-2 investment visa will not be granted to a business that only generates marginal revenues.

For the profitability of a Italian owned project to be determined, the consulate officers look at the financial records that are enclosed in the applicant’s petition. They normally approve projects that have experienced consistency in cash flow for about 3 years. If the Italian investor is creating a startup company, the business plan will be evaluated on whether the projected  profits will be sustainable.

Substantiality of The Business Investment Has To Be Met

An Italian 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 Italian 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 Source of Funds Has To Be Explained By The Italian Investor

Italian investors are required to account for the sources of their investment funds. If the funding was accumulated through consistent savings the Italian investor has to produce a copy of pay slips for salaries that have been paid over the last five years. The salary report should be complimented with a salary verification letter from the employer. The Italian investor should also enclose bank statements and tax returns for the past five years.

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

A Italian investor can finance their 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 use your assets that are based in Italy as collateral for the loan.


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Let the Immigration Attorney Do Their Magic

You may not be sufficiently knowledgeable in legal issues and so it is wise to hire an immigration lawyer to file the E-2 visa petition on your behalf. Immigration lawyers have the knowledge to handle an E-2 application, so your chances of being granted 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 E-2 visa process.

2 Jobs Have To Be Reserved for U.S. Citizens

The Italian investor has to allocate two job openings to American citizens. This is because E-2 investors are allowed to establish businesses in the country so that they can create employment opportunities. Employing at least 2 Americans contributes towards the growth of the U.S. economy because it expands the government’s revenue base.

When the two Americans are hired, they are to work on a fulltime basis. If the Italian investor is building a startup business, the two workers have to be hired no later than after 2 years from business inception.

The Spouse and Family of the Investor Is Welcome

The family of an E-2 investor including their legally married spouse and children are allowed to move to the U.S. The children can not move if they are 21 years of age or older. Children will have to apply for independent visas at the age of 21. Failure to obtain an independent visa will see them deported back home.