Peru investor visa Peru
Law Offices of SRIS, P.C. assists international investors and entrepreneurs who seek to enter the United States through the E-2 Treaty Investor visa program. The firm is a US law firm founded in 1997, with locations in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and a location in Pereira, Colombia. Mr. Sris, the firm’s Owner and Founder, is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. For Peru-law matters that may arise in connection with an E-2 application—such as the formation or documentation of the Peruvian enterprise that will fund the US investment—the firm collaborates with Martín Mayandía, Of Counsel, admitted to practice law in Peru (2009) and not admitted in any US state bar; that role is limited to Peru-law matters in collaboration with the US-admitted attorneys of the firm. All US-law aspects are handled by Mr. Sris and the US-admitted attorneys of the firm. To discuss an E-2 investor visa strategy, reach Law Offices of SRIS, P.C. at (888) 437-7747.
What the E-2 Treaty Investor Visa Covers
The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a bona fide US enterprise. The investor must be coming to the United States solely to develop and direct the enterprise, and the investment must be at risk in the commercial sense. The E-2 visa is governed by the Immigration and Nationality Act (INA) and the corresponding regulations at 8 C.F.R. § 214.2(e). The treaty country list is maintained by the Department of State and is subject to change; as of the date of this page, Peru is not a treaty country for E-2 purposes. A Peruvian national who wishes to pursue an E-2 visa must first obtain the nationality of a qualifying treaty country, or the investment must be structured through an entity that is majority-owned by nationals of a treaty country. The firm advises clients on the nationality-structuring options that may be available under current law.
The E-2 visa does not directly lead to lawful permanent residence (a green card), but it can be renewed indefinitely as long as the investor maintains the qualifying investment and intends to depart the United States when the status ends. The spouse of an E-2 investor may apply for work authorization, and unmarried children under 21 may accompany the principal. The application is typically filed on Form I-129 with USCIS, or, if the investor is outside the United States, through consular processing at a US embassy or consulate. The firm prepares the petition, the supporting documentation demonstrating the source and path of funds, and the comprehensive business plan that USCIS or the consular officer will review.
How Mr. Sris and the Firm’s Of Counsel Network Handle E-2 Matters
Mr. Sris and the US-admitted attorneys of the firm serve as counsel of record on the E-2 petition, handling all US-law aspects of the case. The firm works with the investor to document the investment, establish the US enterprise, and prepare the evidentiary package required by USCIS or the consular post. Where the investment capital originates from a Peruvian entity or involves Peruvian corporate documentation, the firm engages Martín Mayandía, Of Counsel, admitted to practice law in Peru (2009) and not admitted in any US state bar; his role is limited to Peru-law matters in collaboration with the US-admitted attorneys of the firm. This division ensures that the US-law advice comes from a US-licensed attorney and that any Peru-law questions are addressed by a Peru-licensed attorney, maintaining strict jurisdictional separation.
The process begins with a consultation to assess the investor’s nationality, the nature of the proposed US enterprise, and the amount and source of the investment capital. The firm then advises on the optimal corporate structure for the US entity, drafts or reviews the organizational documents, and prepares the business plan that demonstrates the enterprise is not marginal. If the investor is already in the United States in a different nonimmigrant status, the firm evaluates whether a change of status to E-2 is available. Throughout the process, the firm coordinates with the investor’s Peruvian counsel—typically Mr. Mayandía—to ensure that the Peruvian-side documentation meets the evidentiary standards of USCIS and the Department of State.
About Mr. Sris and the firm’s Of Counsel Network
Mr. Sris, Owner and Founder of Law Offices of SRIS, P.C., is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has practiced US immigration law since the firm’s founding in 1997 and has represented investors, entrepreneurs, and multinational executives in a wide range of nonimmigrant and immigrant visa matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that became the 2019 revision to Va. Code § 20-107.3(g).
For Peru-law matters, the firm collaborates with Martín Mayandía, Of Counsel, admitted to practice law in Peru (2009) and not admitted in any US state bar; his role is limited to Peru-law matters in collaboration with the US-admitted attorneys of the firm. Mr. Mayandía brings extensive experience in Peruvian corporate and commercial law, which is often essential when the investment capital is sourced from a Peruvian enterprise or when the investor’s Peruvian business structure must be documented for the E-2 petition. Mr. Sris and his Of Counsel bring extensive combined legal experience across US and Peruvian jurisdictions.
Frequently Asked Questions
Can a Peruvian citizen apply for an E-2 investor visa?
Peru is not currently a treaty country for E-2 purposes, so a Peruvian citizen cannot apply for an E-2 visa based solely on Peruvian nationality. The list of treaty countries is maintained by the Department of State and is subject to change. A Peruvian national may qualify if they also hold the nationality of a treaty country, or if the investment is made through an entity that is majority-owned by nationals of a treaty country. The firm can evaluate the specific nationality and corporate-structure options that may be available. For guidance on your situation, contact Law Offices of SRIS, P.C. at (888) 437-7747.
What is a “substantial” investment for E-2 purposes?
The E-2 regulations do not set a fixed dollar amount; instead, the investment must be substantial in relation to the total cost of either purchasing an established enterprise or creating the type of enterprise in question. The investment must be sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise. A lower-cost business generally requires a higher percentage of investment, while a very expensive business may require a lower percentage. The firm works with the investor to document the proportionality of the investment and to demonstrate that the capital is at risk. For a consultation, reach Law Offices of SRIS, P.C. at (888) 437-7747.
How does the firm handle the Peruvian-side documentation for an E-2 case?
When the investment capital originates from a Peruvian entity or involves Peruvian corporate records, the firm engages Martín Mayandía, Of Counsel, admitted to practice law in Peru (2009) and not admitted in any US state bar; his role is limited to Peru-law matters in collaboration with the US-admitted attorneys of the firm. Mr. Mayandía reviews the Peruvian corporate documents, advises on their validity under Peruvian law, and prepares any necessary certifications or translations. The US-admitted attorneys then incorporate that documentation into the E-2 petition in a form that meets USCIS evidentiary standards. This collaboration ensures that both the US-law and Peru-law aspects are handled by attorneys licensed in the respective jurisdiction.
Can the spouse and children of an E-2 investor accompany the investor?
Yes, the spouse and unmarried children under 21 of an E-2 principal may accompany or follow to join the investor in the United States. The spouse may apply for employment authorization by filing Form I-765 with USCIS. Children may attend school but are not authorized to work. The dependents’ status is tied to the principal’s E-2 status; if the principal’s status ends, the dependents’ status also ends. The firm assists with the dependent applications as part of the overall E-2 representation.
Does the E-2 visa lead to a green card?
The E-2 visa is a nonimmigrant classification and does not directly provide a path to lawful permanent residence. However, an E-2 investor may pursue a green card through a separate immigrant visa category, such as the EB-5 immigrant investor program or an employment-based category, if the investor meets the eligibility requirements. The firm can advise on the interaction between E-2 status and a concurrent or subsequent immigrant petition. For a discussion of your long-term immigration goals, contact Law Offices of SRIS, P.C. at (888) 437-7747.
What is the difference between an E-2 visa and an EB-5 immigrant investor visa?
The E-2 visa is a temporary, nonimmigrant classification that requires a substantial investment in a US enterprise and does not directly grant permanent residence, while the EB-5 immigrant investor program leads to a green card and requires a larger capital investment and the creation of at least ten full-time jobs for US workers. The EB-5 program is governed by INA § 203(b)(5) and the corresponding regulations. The firm evaluates both options for investors and can advise on which program better fits the investor’s goals and financial circumstances.