Legal Question in Immigration Law in California

I am planning to apply for E-2, so I will need to set up the legal entity before I can apply for the immigration visa.

Will I need to set up an equity only structure or can the company also be established using debt, e.g. a convertible note. In case I cannot use a note, would it be possible to structure the note in a way that the maturity date is far enough in the future, e.g. 3 years.

I was planning to structure the deal as 50% equity, with the remaining 50% as convertible note, so I can participate preferred with that portion in an upcoming funding. But I would want to have both portions count toward E-2.

Asked on 8/15/13, 4:09 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

An E-2 investment must be made with at-risk funds. I would highly recommend seeking legal representation for your E-2 visa endeavor before you engage in any investment that might not meet the E-2 eligibility criteria.

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Answered on 8/16/13, 8:45 am

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