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

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


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Kazakhstanis can use the E-2 visa program to gain entry into the U.S. This program is reserved for countries that maintain business treaties with the U.S. Once in the U.S., the Kazakhstan national is expected to create an enterprise that will create jobs in the United States.

There are some qualifying factors that must be met by all E-2 visa applicants. Some are easy, while others can be a bit complicated. That is why it is important to involve an immigration attorney so that they can help review your situation and take the appropriate actions. The visa is obtained by filing an application at the consulate office in Kazakhstan.

You Are To Be Your Own Boss

Many Kazakhstanis E-2 applicants make a mistake by proceeding with their visa petition without an active business in place.

The consulate office in Kazakhstan does not dictate the kinds of businesses that can be founded by E-2 petitioners. A Kazakhstanis applicant can own a business in the U.S. by acquiring it. To acquire an E-2 eligible enterprise, you must purchase at least 50% ownership of the business.

If a Kazakhstani investor is interested in creating a startup company, they do not have to wait until the business is completely rolled out. In fact they should get an attorney to assist in preparing your application. By doing so, they can attach the lease agreement documents in their petition to prove that funds are being directed towards the start of the business enterprise.

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

Prepare Documentation and Submit Visa Fee

A Kazakhstani applicant should make sure they have a valid passport because they will need a passport to be allowed to enter the United States. Also, the passport should remain valid up to 6 months after the expiration date of your E-2 visa so that you can use it to travel back to your home country if you decide to not renew your visa.

Furthermore, there has to be an empty page in your passport or you will have to apply for a new one, because the visa stamp is placed on an empty page.

All E-2 petitioners in Kazakhstan are required to pay the visa application fee prior to attending an oral interview at the consulate office in the country. The application fee is non-refundable.

Form Ds-160 must be filled by all Kazakhstani E-2 applicants. Getting the form is simple. Just visit the embassy’s website and download the form.

The Business Has To Generate Significant Returns

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 Kazakhstani 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 Kazakhstani investor is creating a startup company, the business plan will be evaluated on whether the projected  profits will be sustainable.

An E-2 Project Should Be Substantial

A Kazakhstani 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 Kazakhstani investor is determined by calculating the cash that was spent when acquiring the business against the worth of a similar business in the industry.


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How to Fund Your E-2 Enterprise

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

If a Kazakhstani applicant has sourced their funds from a well paying career in their home country, they must attach the pay slips of the past 5 years to justify the earnings. On the other hand, if the funds are owed to a successful business in Kazakhstan the applicant has to submit tax return reports to verify its legitimacy.

Contact an Immigration Attorney

Kazakhstani applicants are strongly advised to involve an immigration lawyer in their petition. This is because an immigration lawyer knows what strategies to employ so that your application goes through successfully.

Many E-2 applicants do not fully understand the visa application process, so it is important to hire an experienced attorney that can guide you through the process. The participation of an immigration lawyer in an E-2 petition starts when a Kazakhstani applicant fills out form G-28. The form includes the contact details of the lawyer because there has to be constant communication between the lawyer and the consulate officials in Kazakhstan.

2 Jobs Must Be Reserved for U.S. Citizens

A Kazakhstanis investor should ensure that there are at least 2 U.S. nationals working in the U.S. based business. This requirement applies to both acquired and startup enterprises because the project would not be beneficial if there are no jobs that result from the Kazakhstani’s investment in the U.S.

The two native workers must be working for the Kazakhstani investor as full time employees. Furthermore, they have to be on the company’s payroll before the end of two years. If the company has already been acquired, the Kazakhstani investor should enclose the employees’ W-9 forms to show that they have been paying personal income tax.

The Family of the Investor Can Come To the U.S.

Upon getting the E-2 visa, the Kazakhstan investor can arrange for the relocation of their family including their spouse and children to the U.S. 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 Kazakhstan.