E2 Treaty Investor Visa - Application Info Required

[goldrock 0]

Hi All,

 

Hope someone is able to assist. I couldn't find any topics relating to E2 visa questions, so this was the most applicable topic. We are Australian.

 

We are looking to submit an application for an E2 Treaty Investor Visa to invest cash into a new business that we will work for in the US. I have done considerable amount of research and seems like at this point in time the E2 visa is the best option for our situation.

 

I understand the requirements, before you apply for an E2 you have to establish the business in the US first. No issue here. I already have a 2 year business visa (ESTA) and have traveled to Alaska in November 2016 to attend a convention/conference, meeting potential business partners, attending a short course in an area directly related to our business. I am now back in Australia and we (my business partner and I) decided to take the plunge. We incorporated our Alaskan LLC with our new Australian company holding 100% ownership (single member LLC) and the LLC is manager-managed, my business partner and I are the managers recorded in the LLC agreement, etc.

 

We've done just about all our research and getting ready to head back over to the US and establish the business - but have a few crucial sticking points below. To understand our business, we are a mineral exploration/mining company.

 

a) Because of our business nature we are working in very remote areas of Alaska. Our business operations is not going to be located anywhere near a town (possibly 200 miles or more from any town) and as such our business is not any sort of retail outlet that needs a shop front, reception in a town location. An integral part of the E2 visa approval process is that we require to rent or buy a business premises. Will a remote mine site constitute as a business address even though it won't have any physical address where a postal letter could be sent to.... A registered agent address doesn't qualify. Will we be required to rent a small office space (or lease a small commerical lot) somewhere (and pay dead rent money) just to have a physical address even though there will be no one present at that address. What can we do here?

 

b) One one of the managers will be initially heading over to the US. Will there be an issue establishing a bank account because of (a) above - no physical address and I assume a registered agent address also doesn't qualify for an address. Also will there be an issue creating a bank account with only one manager present at the bank upon opening a business account?

 

c) An integral part of our business establishment is going into remote areas and physically staking new mining claims that we can explore and hopefully within a short time period, establish a mining operation. To my understanding doing this claim staking activity constitutes working for the LLC and thus breaches the ESTA business visa requirements and it is therefore a Catch-22 situation on the E2 visa - we can't establish operations until we stake mining claims and to my understanding we can't stake mining claims until we are entitled to perform work for the LLC (we need an E2 visa to establish the business). I may have a few sources for information on this topic and we may be able to utilise a US resident to file the claims as an agent. We would employ a US resident for this purpose and thus should also look good on our E2 visa application that we have already paid a US employee and an offer for further work subject to visa approval.

 

I guess the main sticking point is having a physical address - what can we do for our unique situation where we don't require a town address for our business.

 

Thanks.

Goldrock

 

Edited March 2, 2017 by goldrock

[databit 328]

Even if the nearest town is 200 miles away, you would presumably still need to go there for medical care, supplies, food, socialization. Seems logical to set up something there. A resident might rent you a space in their home or office for your business purposes.

[Boiler 46,027]

Norml for investment to be held in ESCROW pending issue of the visa.

 

I know mining is not a cheap activity so presume you will easily meet the investment obligation.

 

The LLC has an address, what do people do locally, PO Box?

 

[jan22 3,062]

More importantly for your plan....it is unlikely that both you and your partner will get E2 visas. Since the business appears to be  owned by the Australian compnay, the E2 will have to be as an employee visa to manage the company and the manager must be entering to control and direct the company  -- from your description, there is no reason that this company woulld need 2 executive-level managers.

 

It  is also unclear from your description what you actually have invested.  Merely establishing the incorporation papers does not meet the E2 requirements.  You must have invested real monies that are at risk if the business fails.  Although, as another poster indicated, you can place funds in escrow that go immediattely  to a designated business expense -- i.e., the purchase of an existing business, the purchasse of a mine site, anything that goes towards a real, viable, active business enterprise.  What  you wrote, at least, all seems to be plans for establishing the buisiness.  You also have to show the business is more than marginal -- that it can support the investors in the US.  What you are planning appears highly speculative; not sure a visa officer would agree that it will easily support the investors or create jobs in the US.