The Cost of Obtaining an E-2 or EB-2 Visa: A Comprehensive Guide
The process of obtaining an E-2 or EB-2 visa involves various costs, including legal fees, application fees, and other expenses. This article provides a detailed breakdown of these costs, helping potential applicants to better plan their finances.
Understanding the E-2 and EB-2 Visas
The E-2 visa and EB-2 visa are two popular options for foreign individuals seeking to work or live in the United States. While the E-2 visa is designed for individuals with a substantial investment in a U.S. business, the EB-2 visa targets those with an advanced degree or exceptional ability in their field. Both visas come with unique financial obligations and implications.
E-2 Visa Costs
The costs associated with obtaining an E-2 visa can vary widely based on several factors, including legal fees, investment amounts, and application expenses. Here's a breakdown of the potential costs:
Investment Amount
One of the primary factors in obtaining an E-2 visa is the amount of investment required. There is no fixed minimum amount, but it must be substantial enough to support the business. Many sources suggest that investments should generally be at least $100,000 or more. However, lower amounts of investment may be acceptable depending on the nature of the business.
Application Fees
Form I-129 Filing Fee: Approximately $460 as of 2023. Consular Processing Fee (for applications from outside the U.S.): Normally around $205.Legal Fees
Hiring an immigration attorney to assist with the application process can range from $1,500 to $5,000 or more, depending on the complexity of the case. It is often advisable to seek professional help, as a poorly delivered petition can result in a costly refusal.
Additional Costs
Other expenses may include costs for business plan preparation, translations, and any required documentation or permits. For instance, applicants may need to prepare and submit detailed business plans, which can be costly if done improperly. Additionally, the preparation of legal documents and translations can add to the overall expense.
Overall, the minimum investment for an E-2 visa can be a few thousand dollars, but the total costs associated with obtaining the visa, including investment and fees, can easily amount to $10,000 to $15,000 or more, depending on individual circumstances.
EB-2 Visa Costs
For individuals seeking an EB-2 visa, the costs can be even higher. This visa is particularly suitable for immigrants who have a degree in a specific field or possess exceptional ability in their profession. Here’s a detailed breakdown of the associated costs:
Supporting Documentation
A critical yet often overlooked aspect of obtaining an EB-2 visa is the amount required to collect supporting documentation. This documentation serves as evidence to the United States Citizenship and Immigration Services (USCIS). For applicants filing with USCIS based on an advanced degree, supporting documentation can include:
An official academic record showing the applicant has a U.S. advanced degree or a foreign equivalent degree. An official academic record showing the applicant has a U.S. baccalaureate degree or its foreign equivalent. Letters from current or former employers demonstrating the applicant meets the five-year post-baccalaureate experience requirement.For applicants filing based on exceptional ability, the supporting documentation must demonstrate their expertise significantly above that ordinarily encountered in the sciences, arts, or business. This can include:
An official academic record showing the applicant has a degree, diploma, certificate, or similar award from a college, university, school, or other entity of learning related to their area of exceptional ability. Evidence that the applicant has commanded above-average compensation for services demonstrating exceptional ability. Membership in one or multiple professional associations. Evidence of recognition of the applicant's achievements and significant contributions by peers, governments, entities, professional, or business organizations.Application Costs
Once the supporting documentation is properly gathered and organized, the applicant relies on a U.S. employer to go through the labor certification process (PERM) with the U.S. Department of Labor (DOL). The employer can then file Form I-140, Immigrant Petition for Alien Worker, on the applicant's behalf. The filing fee for I-140 is $700, and a fee waiver is not available for this specific form.
After receiving USCIS approval, the applicant must file Form I-485, Application to Register Permanent Residence or Adjust Status. The fee varies depending on the applicant's age and often falls within the range of $750 to $1,140. Certain cases may require applicants to pay an $85 fee for biometric services. If a travel document is needed, the applicant must file Form I-131, Application for Travel Document, which requires a $575 fee in most cases. For applicants outside the United States, there are additional fees:
DS-260 Immigrant Visa Electronic Application: A $230 filing fee. Affidavit of Support: A $88 fee.Generally, the total expenses involved in a standard EB-2 application range between $1,450 and $2,300. It is crucial to note that these costs can vary depending on the applicant's specific circumstances and the complexity of the case.
Conclusion
Both E-2 and EB-2 visas come with significant financial obligations. Understanding the costs and requirements can help hopeful immigrants to plan their finances and make informed decisions. It is often advisable to seek professional legal advice, as a poorly delivered petition or overlooked documentation can result in costly refusals.