Legal Question in Immigration Law in California
Can a lawyer get E-2 visa by opening a law office with money investment?
I am a California attorney. I worked for a law firm under H1B1 status after LL.M. degree. However, because the law firm owner was unethical and tried to cut my orally agreed compensation several times even though I worked very hard, I quit the law firm after 2 months. I applied INS for the change of my status to F-2 because my wife studies in the U.S. If I open a law office or invest in a law office as partnership, is it possible to get a E-2 visa? If it is possible, how much money should I invest to open a law firm?
3 Answers from Attorneys
Re: Can a lawyer get E-2 visa by opening a law office with money investment?
The statute is very vaguely written, but the standard is usally $100k.
Gabriel D. Jack, Esq.
Re: Can a lawyer get E-2 visa by opening a law office with money investment?
The amount invested must be "substantial". The test for "substantial" varies depending on the type of business, the share of the business owned by the investor and other factors.
I see no reason why a law firm should not qualify as E-2 investment.
PS
Please note that E-2 is a substantially more difficult petion than average Nonimmigrant visas and that there are no hard and fast rules.
I wil be happy to consult on this matter to determine if you qualify.
Re: Can a lawyer get E-2 visa by opening a law office with money investment?
There are several options that you may have and you can feel free to give us a call at 201-236-9998 to discuss all of your nonimmigrant visa options. Also, (although our office does not handle such matters) you may want to consider taking a look at the Department of Labor regulations with regard to the rights and remedies of employees when employers fail to pay the required wages to an H-1B employee.