POSSIBLE ISSUES WHICH MAY ARISE WHEN PROCESSING THE E-2?

If you are requesting a change of status in the United States, your attorney would have to submit your case to the United States Citizenship and Immigration Service. If approved, the approval will be valid for only two (2) years. If after approval, you decide to travel to your country of jurisdiction, you will have to apply for the E-2 visa. 

If you decide to apply for an E-2 Visa directly at the U.S. Consulate (or Embassy) in the country in which you live rather than doing a change of status in the U.S., the E-2 package will first have to be submitted to that particular U.S. Consulate (or Embassy).  In order to receive your E-2 visa abroad, it is necessary to pass a personal interview at the consulate (or embassy) of the country where you reside, to obtain the E-2 visa for five (5) years.

In some cases the interview is difficult. The consular officer needs to be convinced that the investor has other means of income and does not rely exclusively on the profits of the U.S. business; that the investor has ties in the country of residence; and intends to return after five (5) years; and that the applicant investor has the capacity to carry out a business. There could be in-depth questions about the business plan.  The officer may ask additional questions regarding the legal origination of the investment funds to ensure that the invested funds were not derived as a result of criminal activities, such as money laundering.