E-2 Visa: South Korea to U.S.A.

E-2 Visa: South Korea to U.S.A.


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It is possible for South Koreans to migrate to the U.S. and create successful businesses owing to the warm trade relations that exist between the U.S. and South Korea. By relocating, South Korean E-2 investors create employment opportunities and contribute to the expansion of the U.S. economy.

You Are To Be Your Own Boss

South Koreans who own businesses in the U.S. are allowed to relocate because their investments are considered to be at risk if they are not active in manning the operations of their investments. Being in the United States therefore gives them control over the said investments.

As an South Korean applicant, you must commit your monies towards funding the project in the U.S. This is evidenced by the escrow payments that have been made to a U.S. bank. If you have borrowed money, the money must be under your control before you are given an E-2 investor visa.

Prepare Documentation and Submit Visa Fee

A South Korean applicant 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 your 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 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 South Korea 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 South Korean E-2 applicants. Getting the form simple, just visit the embassy’s website and download the form.

The Business Has To Make Significant Returns

The business that will be operated by a South Korean investor has to generate considerable income. It is therefore recommended that you analyze the profits that are made by the company that you are about to acquire because your visa petition will not be granted if the project is not profitable. The income from an E-2 project is said to be considerable if there is a surplus of money that remains after the principle investor has paid their bills and of their dependents.

The consulate officials actually go through the financial records before concluding on its profitability. This means that it’s necessary to enclose financial statements from your business.

South Korean investors who are opening startup companies will be evaluated on the projected profitability of their enterprises. Since startup businesses use business plans to file their petitions, the plan has to elaborate on how the South Korean investor will make a sustainable income in future years.

The Investor Has To Make a Significant Investment

A South Korean 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 South Korean 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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Funding Your E-2 Enterprise

South Korean are required to account for the sources of their investment capital. If the money was accumulated through consistent savings the South Korean 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 South Korean investor should also enclose bank statements and tax returns for the past five years.

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

A South Korean 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 actually use your assets that are based in South Korea. Above all, the money has to be sourced from outside the U.S.

A Lawyer Increases Your Chances of Being Granted a Visa

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.

Two Americans Are Required Be Employed

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 South Korean 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 Family of the Investor Can Come To the U.S.

The family of an E-2 investor including their legally married spouse and children are allowed to come to the U.S. The children can not come 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.