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

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


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

Getting an E-2 visa in Poland should be easy provided that the applicant has fulfilled all the requirements. Many applicants fail to get the visa because they are not well informed about the entire process. Such problems can be avoided by involving an immigration attorney.

The Polish Must Head Company Operations

It is recommended that you first establish an enterprise in the U.S. before applying for 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 Poland investor is to pay escrow payments to a U.S. based bank. You can not declare yourself as an investor if you are not able to demonstrate you have sufficient funds under your control.

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

Prepare The Necessary Documents

All Polish applicants should make sure they have a valid passport because they will need it to be allowed to enter the U.S. Also, the passport should remain valid up to 6 months after the expiry of the E-2 visa so that you can use it to travel back to your home country in case you do not renew your visa.

Furthermore, there has to be an empty page in your passport , because the visa stamp is placed on an empty page.

All E-2 petitioners in Poland are required to pay the visa application fee prior to attending an oral interview at the consulate office in the country. The fee is not refundable so you may have to pay this fee again, if the petition is not approved on the first attempt.

Form Ds-160 must be filled by all Polish E-2 applicants. Getting the form is as easy, simply visit the embassy’s website and download the form.

The E-2 Project Has To Be Profitable

Every Polish citizen who wishes to invest in the U.S. should ensure that their preferred enterprise can generate considerable profits. This is because Polish investors are required to establish businesses that can be sustainable and contribute towards the growth of the U.S.’s economy.

The profits earned by a Polish investor are typically measured by comparing the data in the financial records and the size of the company in U.S. However, if the enterprise is a startup, the owner has to provide cash flow estimations so that their project can be tested for projected profitability.

Contracts should be written that ensure the investment monies are held in escrow. The purchase of the business can not be completed until the E-2 visa is provided.

An E-2 Project Should Be Substantial

A Poland 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 Poland 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.


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The Source of Funds Has To Be Explained By The Polish Investor

Since E-2 projects involve a large investment of money, every Polish investor has to declare the source of their investment funds. The consulate officers require all E-2 investors to fund their projects using legal finding. You will not be allowed to proceed with the investment if you can not account for the source of your investment.

Money can be obtained from friends and family members in form of gifts. You are also allowed to dispose any of your assets that are situated in Poland to get the necessary funds. 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 Polish investor has been engaged in any form of employment, they must produce 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 Poland as collateral because you are not allowed to secure any loan with the E-2 business.

Contact an Immigration Attorney

Most applicants opt to file their visa applications with the assistance of an attorney. But if you are to be represented by an attorney, you need to present form G-28 which allows your attorney to participate in the application procedures on your behalf. You must provide all their contact details including their email address, phone number and address on the form.

2 Americans Have To Be Employed

A Poland E-2 Visa holder must 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 Poland 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 Poland.