Mt. Baker Ski and Recreation Area Lodge: E2 Visa Information
The Mt. Baker Trailhead Group Inc. has a single 50% partnership option available to build and operate a resort lodge complex in Glacier, Washington. This is an E-2 Treaty Investor opportunity. If you are interested, please file or ask your immigration attorney to file the necessary application to begin the E-2 Visa process. The investment level is $1.23M, Canadian.
Requirements for E-2 Treaty Investor:
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Requisite treaty or equivalent exists.?For Canadian citizens, there is a treaty between the U.S. and Canada so this is satisfied. For landed immigrants to Canada, there must be a similar treaty between the U.S. and the applicant's country of nationality.
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Individual and/or business possesses the nationality of the treaty country.For Canadian citizens, a copy of the passport, birth certificate, or citizen card is sufficient proof. For landed immigrants, the equivalent document from their country of nationality and their landed immigrant papers will suffice. For businesses with more than one owner, please provide the above documents for all owners in order to show that the business is at least 50 percent owned by those with the nationality of the treaty country.
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Applicant has invested, or is actively in the process of investing. ?Key factors in determining whether the applicant has invested, or is in the process of investing are: Possession and control of the assets invested. The applicant needs to show that the assets or funds invested are in his/her name and they have control over them. (Note: An inherited business is not an investment.) The investment must be "at-risk". To be "at-risk" the investment funds must be subject to loss if the business fails. Indebtedness secured by the assets of the business is not considered "at-risk" in this sense. "At-risk" funds include only funds in which personal assets are involved. Funds must be irrevocably committed. Examples of irrevocably committed funds are funds held in escrow pending issuance of the visa and funds already paid for the purchase of the business. Examples of funds which are not irrevocably committed are uncommitted funds in a bank account and prospective investment arrangements involving no present commitment.
To satisfy this requirement the applicant must provide documents which indicate that the applicant has already committed these funds to the business and that these funds are under his/her control. Also, the investor must document the source of these funds (i.e. loan, sale of assets, bank account, etc.). Please provide documents tracing the flow of funds from their source to the business (example: cancelled checks deposited in business checking account) and from the business to the investment (example: cancelled checks showing purchase of buildings, land, equipment, etc.). Always provide loan and mortgage documents and note whether the loan is secured by the business.
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Enterprise is a real and operating commercial enterprise.?This means that speculative investments held for potential appreciation in value do not qualify. Non-profit organizations also do not qualify. Applicant must submit documents which show the business is actually operating (invoices, payroll, bill payments, tax returns).
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Applicant's investment is substantial.?The determination whether an investment is substantial consists of the following:
Applying the proportionality test -- The proportionality test is a comparison of the total cost (the purchase price of an existing business or the cost of making a newly created business operational) of the enterprise and the amount of qualifying funds invested. The lower the cost of the business, the higher the percentage of qualifying funds invested needed to qualify.
Determining whether the funds are sufficient to ensure the investor's commitment to the successful operation of the enterprise and to its development and direction. To satisfy this requirement, the applicant should submit documents indicating the purchase price of the business or, if a new business, the expenses necessary to make the business operational. The E visa office will use these documents and the documents submitted regarding the actual investment to determine whether the business satisfies this requirement.
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Investment is more than a marginal one solely for earning a living.The applicant can show that an investment is more than marginal in one of two ways. First, submit documents showing that the income derived from the investment exceeds what is necessary to support self and family. Income tax forms from the business and/or income statements prepared by the accountant are welcomed. Failing this test, the applicant can show that the investment has the capacity, present or future, to make a significant economic contribution to the community. In this vein, submit documents that show the number of workers the business will employ, now and in the future.
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Applicant is coming to the U.S. to "develop and direct" the enterprise.This can be fulfilled by providing a brief narrative showing that the applicant will be engaged in the day-to-day operations of the business.
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The applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the U.S.
To bring an employee into the U.S., the applicant must meet the following criteria:
The prospective employer must meet the nationality requirements as described in number 2 above;
The employer and employee must have the same nationality; and
The employer, if not resident abroad, must be maintaining E status in the U.S.
An executive or supervisory position is one which entails a high degree of responsibility for the firm's overall operations and the executive or supervisory element is the primary function of the job. In other words, please include a brief narrative which describes the job position, specifically addressing these issues, and which explains why the prospective employee is qualified for this job.
An essential employee is one without which the applicant would not be able to do business in the U.S. The burden of proof clearly lies with the applicant to prove that the prospective employee is essential. Again, the applicant should provide a brief narrative showing that the employee merits consideration as essential.
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Applicant intends to depart the United States when the E-2 status terminates.The applicant must include a short statement to this effect.
FREQUENTLY ASKED QUESTIONS AND ANSWERS
Q. I am a Canadian citizen, do I need an E visa? Do I need a passport?
A. Canadian citizens are required to have a visa in order to enter the United States in Treaty Trader or Treaty Investor status. All successful E visa applicants and their dependents are expected to present valid passports in order to be issued the visa, regardless of nationality.
Q. I received a change of status from the Immigration and Naturalization Service (INS). Is that all that I need to present in order to be issued an E visa at your office?
A. No. The change of status simply allows you to remain in the United States until the expiration of the status granted. If you have been granted a change of status by the CIS and leave the U.S., you must have an E visa in order to return to the U.S. in that status. To obtain a visa you must file a complete application with this office. Please follow the instructions contained in this packet. Processing of your case will take approximately eight to twelve weeks from the date the completed application is received in our office. Processing times may change based on staffing and workload levels.
Q. How much money do I need to invest?
A. There is no minimum amount for an investment. E-2 visa regulations state that the investment must be sufficient to ensure the success of the business. As different types of businesses require different amounts of capital, the amount you will need to invest depends on your U.S. enterprise.
Q. Do I really have to invest the money before I apply for the visa? Can't you issue me the visa first?
A. E-2 visa regulations state that the funds must be "irrevocably committed" to the investment before the visa may be issued. Therefore, you must document that your investment meets this criteria at the time of initial application; this is usually accomplished by showing that the investment has already been made. Funds can be considered to be irrevocably committed, however, if they are held in an escrow account contingent on the issuance of an E visa.
Q. How do I start a business if I don't have the visa?
A. You may enter the United States in B-1 (temporary business) visa status in order to set up (not run) your business. You may not be paid in the U.S. while in B-1 status. If your enterprise requires someone to manage or run daily operations, you may hire individuals who are already properly documented to work in the U.S. prior to receiving your visa. Once you have the initial commitments completed, you should apply immediately for the E visa.
Q. How long do I have to wait before I can apply for a "green card" or U.S. citizenship?
A. An E visa is a non-immigrant visa and does not lead to either a "green card" or U.S. citizenship. You may remain in the U.S. only as long as your business conforms to E visa regulations, assuming you maintain proper visa and immigration status.
Q. Do I need an immigration attorney?
A. There is no requirement that you hire an attorney to file your E visa application. While many E Visa applicants choose to retain the services of an attorney to aid in preparation of their case, others do not. The decision to retain counsel is a personal one, and does not necessarily effect the approvability of your case. The Consulate General is prohibited from referring you to an attorney. Applicants who wish to retain counsel may note that referral services are provided by the American Immigration Lawyers Association and other similar organizations.
Q. Where can I get information about good places to invest in the U.S.?
A. The Consulate General does not have regional or state business and economic information. In the U.S., you should contact state offices of economic development, local chambers of commerce and small business administrations for economic forecasts and similar information. Additionally, several U.S. states maintain trade and economic development offices in Toronto and Montreal, and they may be able to provide assistance to qualified investors.
Q. What licenses and permits do I need to open and run a business in the United States?
A. Licensing and permit requirements vary by state and county and with the type of business you wish to operate. For specific information, please contact the appropriate government offices in the locality where you plan to start your business.
Q. I own an E company and want to employ someone who is not in the U.S. Can employees of an E company qualify for an E visa to work in my U.S. enterprise?
A. To qualify for an E visa as the employee of an E company, the applicant must have the same citizenship as the owners of the E company. Additionally, the job to be performed must be executive or supervisory in nature, or the employee must possess skills which are essential to the operation of the U.S. enterprise.
Q. Can my spouse and children work in the U.S.?
A. Effective January 16, 2002, dependent spouses of E visa holders are eligible to apply for work authorization from the Citizenship and Immigration Service. They may not work for the treaty business unless they qualify as an essential/supervisory employee. Children of E visa holders are not permitted to work in the United States unless they independently qualify for employment authorization, such as an E, H, L or TN visa. For more information on these visa categories, please refer to the information sheet attached on "Information for Canadian Business Travelers to the U.S."
Q. My spouse (or child) uses a different surname than I do. Is that a problem?
A. A dependent whose surname differs from the surname of the E visa holder should submit proof of the relationship (a marriage certificate for spouses or birth certificates for children, for example).
Q. Can my fiancé(e) or common law spouse accompany me?
A. Under U.S. immigration law, a legal marriage must exist before one is considered to be a spouse. Therefore, fiancé(e)s and common law spouses do not qualify for derivative E visa status.
Q. My spouse and/or children are citizens of a country other than my own. Can they still accompany me?
A. The spouse and children (defined as unmarried and under 21 years of age) do not need to have the same citizenship as the principal applicant. However, dependents of E visa holders are required to have visas in order to accompany the principal applicant to the U.S.
Q. Do I have to come to Vancouver in person?
A. For all categories of visas, including Treaty Visas, each applicant age 14 or older must appear for a personal interview before a Consular Officer. In all cases, each applicant (including those under 14 years of age), must be physically present in Canada at the time of issuance. Those applicants who are found to be ineligible for a U.S. visa for criminal convictions, immigration violations, drug charges, or other similar reasons may have to appear to determine grounds of ineligibility and applicability of a waiver for any such ineligibility. In such cases - the applicant must be prepared for a wait of up to six-eight weeks while eligibility is confirmed and/or a waiver requested. After your submitted case is reviewed, you will be notified when and how to schedule an interview.
Q. Can anyone apply for an E visa in Vancouver?
A. Only Canadian citizens and landed immigrants in Canada from a qualifying treaty country may file E visa applications in Vancouver. Please note that British passport holders who are landed immigrants of Canada may not be eligible and should request separate guidance.
Q. How long does the processing take?
A. Cases are adjudicated within approximately eight to twelve weeks of the date of receipt of a complete application in our office. If your initial submission is not complete, then your case will not be officially "received" until we receive the missing information. Please note that frequently an applicant's submission will require clarification or additional information before the adjudicating officer can make a determination of eligibility. If this is the case, you (or your attorney of record) will be notified in writing by FAX, mail, or email.
Q. Will it speed up the processing if I send my passport now?
A. No. Do not send passports until requested by this office to do so. Submitting passports early can delay the processing of your case.
Q. I paid US $390.00 when I applied. Why is there an additional fee for issuance?
A. The US $390.00 fee you paid at the time of application is called the Nonimmigrant (NIV) processing fee. This non-refundable fee is charged to all applicants for non-immigrant visas regardless of whether the application is approved. Once your case has been approved, there may be an additional fee for issuance of the visa. This fee is called a "reciprocity fee" and is determined by the fees that your country of citizenship charges U.S. citizens for similar visas. The E visa reciprocity fee for a Canadian citizen, for example, is currently US $40.00.
Q. I've read all this information, and I still have questions. Who can answer them?
A. Before contacting this office, please review all of the information provided on our website. If after reviewing the website, you find that your specific questions have not been answered, you may contact the E Visa Unit by fax or email. We cannot, however, discuss hypothetical cases. ?Fax: (604) 685-7175. ?E-mail: evisavancouver@state.gov
Disclaimer:
This website is not a solicitation of investment. Before considering making an investment, or purchasing a condo share, interested parties should review with advisors of his/her choice the specific terms of investment contained in the project, subscription agreement, operating agreement, and other documentation.