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

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


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Filipino nationals can enter the U.S. using non-immigrant E-2 visas. This type of visa allows Filipino nationals to live and run businesses in the U.S. Filipino nationals can participate in the E-2 visa program because their country maintains international trade agreements with the U.S. Philippines investors benefit directly from the program because they are allowed to relocate with their families to the U.S. The U.S. benefits because the projects that are established by Philippines investors create jobs for U.S. citizens.

You Are To Be Your Own Boss

A Filipino investor should be going to the U.S. to employ themselves by establishing a business in the United States. The Filipino investor will be the overall director of the company. If this is not the case, E-2 visa applicant should assume an executive position because they are the principle investor.

All Filipino investors in the US here on an E-2 visa are not allowed to pursue employment in other companies. They are expected to utilize their skills by working in their business enterprise. Every Filipino investor should highlight their applicable skills in their petition to demonstrate that they has the sufficient skills to run the business.

Prepare Documentation and Submit Visa Fee

Any Filipino citizen that wishes to relocate to the U.S. through the E-2 visa program should first obtain a passport from the relevant government office. An investor can only leave Philippines after their passport has been stamped by the consulate officials at the U.S. embassy in their home country. Moreover, the passport is used to prove the nationality of the applicant so it can replace the national identity card.

It is mandatory for all Filipino visa applicants to fill form Ds-160.The form can be accessed through the consulate’s website which makes it easy to obtain.

Every E-2 applicant in Philippines is required to pay an application fee to have their visa processed. Anyone that has not paid the visa fee will not be issued an E-2 visa.

The Business Must Be Profitable

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 Filipino 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 Filipino 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 Filipino 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 Filipino 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 Business

Since E-2 projects involve a large investment of money, every Filipino investor has to declare the source of their investment funds. The consulate officers require all E-2 investors to fund their projects using traceable funds. You cannot proceed with the investment if you can’t account for the source of your funding.

Money can be given from friends and family members in form of gifts. You are also allowed to dispose any of your assets that are situated in Philippines to get the necessary funding. But you have to produce the transfer documents and receipts that may have been issued following the sale of your properties and assets.

If a Filipino investor has been engaged in any form of employment, they must avail their pay slips or income statements. You can also apply for a bank loan to finance your E-2 business project. However, you should use your other assets in Philippines as collateral because you can’t secure any loan with the E-2 business.

Contact an Immigration Attorney

A Filipino applicant should hire an immigration lawyer before making any investment in the U.S. or filing the visa petition. Consulting an attorney will make it easier to progress smoothly during and after the visa application process.

An immigration lawyer can represent any Filipino E-2 visa applicant as long as the candidate has filled form G-28. The form contains the lawyer’s contact details so that they may communicate with the embassy on your behalf.

2 Jobs Must Be Reserved for U.S. Citizens

A minimum of 2 jobs in the company have to be filled by Americans. The two employees are supposed to employed on a fulltime basis. It is also required that they be hired within the first two years of the business being started.

The Filipino employer has to document the hiring process because their wages should to match with the standards that have been set by the U.S. department of labor.

The Spouse and Family of the Investor Is Welcome

Upon getting the E-2 visa, the Philippines 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 Philippines.