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

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


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

You Are To Be Your Own Boss

The U.S. consulate office in Ukraine requires all applicants in the country to first invest a considerable amount of money before embarking on their visa petition. Applicants are therefore required to attach documents that serve as solid evidence of investment in a business in the U.S.

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 approved.

Prepare The Necessary Documents

Ukrainian 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 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 Ukraine 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.

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

Idle Businesses Are Not Allowed

Ukrainians in the E-2 program are to establish a businesses in the United States. Owning a business is not sufficient, because it has to generate adequate profits that can sustain the owner and the owner’s dependents as well as some U.S. employees.

It therefore goes without saying that marginal investments do not qualify for the E-2 visa. This determination is concluded by calculating the amount spent by the Ukrainian to obtain the business and the anticipated profits that the business is estimated to produce.

Buying a franchise business in the U.S. is a wise choice to fulfill the E2 visa business requirement, because a well run franchise will provide you with a proven success model and business plan. The business plan can be attached with with your E-2 visa application. You can capitalize on the stability and name recognition of past franchise success. Therefore avoiding the unnecessary risk of investing in an unknown business or starting from scratch.


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An E-2 Project Should Be Substantial

Every Ukrainian applicant should be ready to spend over a $100,000 on an investment project in the U.S. A project that involves a marginal amount of money can easily be wiped out by changing market trends. Despite that, a business should be able to generate adequate profits such that employees are paid on time to keep the operations going.

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

Ukrainian are required to account for the sources of their investment capital. If the funding was accumulated through consistent savings the Ukrainian investor has to produce a copy of pay slips for salaries that have been paid over the past five years. The salary report should be complimented with a salary verification letter from the employer. The Ukrainian investor should also enclose bank statements and tax returns for the past five years.

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

A Ukrainian 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 Ukraine. Above all, the money has to be sourced from outside the U.S.

Hire an Immigration Lawyer

A Ukrainian 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 Ukrainian 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.

Two Jobs Must Be Reserved for U.S. Citizens

A Ukrainian 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 Ukrainian’s investment in the U.S.

The two native workers must be working for the Ukrainian 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 Ukrainian 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.

The spouse and kids of an Ukrainian applicant are entitled to dependent visas upon the approval of the primary E-2 visa applicant. The spouse must be legally married to the applicant otherwise they will not be allowed to come with them to the U.S. Children who are not yet 21 years of age are also included in this clause. But children will be required to apply for independent visas upon turning 21 years of age.