E-2 Visa: Sri Lanka to U.S.A.

E-2 Visa: Sri Lanka to U.S.A.


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Sri Lankan nationals are allowed to reside in the U.S. through the E-2 visa program. Any citizen of Sri Lanka that can afford to make a substantial investment in the U.S., typically in excess of over a $100,000 is qualified to apply for enrollment into this visa program. However, there are other crucial requirements that must be addressed before applicants are approved for this type of visa.

The Applicant Has To Commit To Purchasing a Company

It is recommended that you first establish a business in the U.S. before applying for the E-2 visa. This is because you should have already invested in the U.S. prior to filing your E-2 visa application.

The best approach as a Sri Lanka investor is to make escrow payments to a U.S. based bank. You can not declare yourself 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 monies are held in an escrow account. The purchase of the business is not effective until the E-2 visa is issued.

Prepare Documentation and Submit Visa Fee

A Sri Lankan applicants should make sure they have a valid passport because they will need a passport to be allowed to enter the U.S. 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 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 Sri Lanka are required to pay the visa application fee prior to attending an oral interview at the consulate office in the country. The fee is non-refundable.

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

The Business Has To Create Significant Returns

An E-2 investment is not satisfactory if it does not generate adequate profits.

The profitability of a business is determined by considering its impact on the host country’s economy. This is evidenced by the company’s balance sheets over the past several years. If jobs continue to be created due to the company’s expansion then the project is sustainable. The financial records are also probed when the returns are being evaluated. The Sri Lankan investor should therefore prepare these records in advance so that they are not caught unaware.

Hiring an immigration attorney to represent you will ensure that your interests as an investor are safeguarded. The attorney will prepare contracts that ensure you get your investment escrow money returned should the E-2 visa is not granted.


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The Investor Has To Make a Significant Investment

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

The Source of Funds Has To Be Explained By The Sri Lankan Investor

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

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

A Lawyer Increases Your Chances of Being Granted a Visa

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

An immigration lawyer can represent any Sri Lankan 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 Americans Must Be Employed

A Sri Lankan 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 Sri Lankan’s investment in the U.S.

The two native workers must be working for the Sri Lankan 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 Sri Lankan investor should enclose the employees’ W-9 forms to show that they have been paying personal income tax.

Spouse and Children Can Come To U.S.

When a Sri Lankan investor succeeds in getting the E-2 visa, they are allowed to come with their spouse and children. The only issues that can separate the principle investor from their family are the status of the marriage and the age of the children.

The spouse has to be legally bound to the Sri Lankan investor. If the marriage between the couple is not legally recognized, the spouse has to remain behind. The children of the Sri Lankan investor have to be aged below 21 years or they will not be able to move to the U.S. On the other hand, the same children will have to apply for different visas when they turn 21 years of age. This is because they are now seen as adults in the eyes of the law, and must qualify for their own independent visas.