8 E2 Visa Requirements You Need to Know About
The E2 visa is a great option for investors and entrepreneurs.
This visa allows you to live and work in the US by investing a substantial amount of capital in a US business.
You can start a new business, purchase an existing business, or invest in an existing business to get an E2 visa.
The E2 visa also allows you to bring your spouse and your unmarried children under 21 years old with you to the US. Your spouse can get work authorization to work anywhere in the US and your children can attend school in the US.
There is also no limit to the number of times that the E2 visa can be renewed.
So as long as your E2 company meets the E2 visa requirements, you have the ability to keep renewing your visa.
As you can see, there are many benefits to the E2 visa, which make it a great option to consider.
Still, to get an E2 visa, you must meet all the requirements of the E2 visa.
This article will cover the 8 requirements to get an E2 visa.
When you are finished reading, you should understand exactly what is needed to get an E2 visa.
If you have any questions, please email me directly at Michael@AshooriLaw.com
Now lets start . . .
There are 8 key requirements to getting an E2 visa:
1. Must be a national of a treaty country with the United States.
2. Have the intent to depart the United States once your E2 status ends.
3. Invest a “substantial” amount in a US business.
4. US business must be a “bona-fide” enterprise.
5. The business is not “marginal.”
6. You are coming to the United States to “direct and develop” the E2 business.
7. Lawful source of funds.
8. Your investment is at-risk and is irrevocably committed to the E2 business.
Now that we’ve listed out each of the 8 requirements, lets go over what each requirement means.
1. You must be a national of a treaty country with the United States.
To get an E2 visa, you must possess the nationality of a country with an E2 treaty with the US.
Be aware that there are 2 ways to make an E2 investment:
1. You can make the investment yourself as an individual
2. Your foreign business can make the investment
If you make the investment as an individual:
- You are the E2 investor
- Your country of citizenship will determine your nationality
If your foreign business makes the investment:
- The foreign business is the E2 investor
- The individual owners of the business will determine the nationality of the business
- The foreign business must be at least 50% owned by nationals of the treaty country
Treaty
There must be a qualifying treaty between the US and your country of nationality.
For a list of all of the E2 treaty countries, see here:
https://travel.state.gov/content/visas/en/fees/treaty.html
I’ve also typed out all of the E2 treaty countries here:
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Taiwan, Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Serbia, Senegal, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia.
The E2 visa is only available to nationals of the above-referenced countries.
2. Have the intent to depart the United States once your E2 status ends.
You must have the intent to leave the US once your status ends.
You can meet this requirement by including a statement in your E2 visa application which states that you intend to leave once your status ends.
Note:
You can still convert your E2 visa to a green card.
Even though you must have the intent to depart the US once your E2 status ends, you can still convert your E2 visa to a green card.
If done properly, converting your E2 visa to a green card will not conflict with the requirement that you intend to depart the US once your E2 status ends.
The E2 visa is a non-immigrant visa, which means that it is temporary and does not directly lead to a green card.
In order to convert your E2 visa to a green card, you can “adjust status” to an immigrant visa status.
Some examples of immigrant visas are the: EB-1, EB-2, EB-3, EB-4, and EB-5 visa.
This process should be handled by an experienced immigration lawyer.
3. Invest a “substantial” amount of capital in a US business.
To get an E2 visa, your investment must be considered substantial.
The tricky part to this requirement is that there is no set minimum amount that is considered substantial.
To determine whether an investment is substantial, a proportionality test is used.
This means that the amount you invest will be compared with the total cost of a comparable established business.
For example, if you are investing in a restaurant, the amount of your investment will be compared to the total cost of the restaurant.
If you are investing in a brand new business, the amount of your investment will be compared against the total cost to bring the business to full functionality.
The proportionality test should be viewed as a sliding scale.
For lower cost businesses, you should invest 100% of the total cost of the established business.
For higher cost businesses, you may invest less than the total cost of the business.
To make things easy, as a rule of thumb, I recommend investing NO LESS than $100,000 for an E2 visa.
This is not a guarantee that $100,000 will satisfy the substantiality requirement. But you certainly should not invest less than $100,000.
4. US business must be a “bona-fide” enterprise.
The business you invest in must be an active and for-profit business.
A passive investment will not qualify.
You cannot invest in a piece of residential real-estate or a stock portfolio.
The business should be engaged in some kind of an entrepreneurial activity such as selling a product or providing a service, for profit.
5. The business is not “marginal.”
The business cannot be considered a marginal enterprise.
A marginal enterprise is a business that does not have the present or future capacity to generate enough income to provide more than a minimal living for the E2 investor and their family.
This means that to avoid being considered a marginal enterprise, the E2 business must either generate more than enough income to provide beyond a minimal living for the investor and their family.
You may also prove that the business is not marginal by showing that the E2 business will have a substantial positive economic impact on the area where it operates.
Hiring needed employees can also combat an inference of marginality.
6. You are coming to the United States to “direct and develop” the E2 business.
To get your E2 visa, you must show that you are coming to the US to direct and develop the E2 business.
You can prove that you direct and develop the E2 business by showing that you own at least 50% of the E2 business.
If you do not own at least 50% of the E2 business, you may still show that you direct and develop the business by showing that you have operational control of the business.
You can show operational control by showing that you have a managerial position within the business.
7. Lawful source of funds.
The source of your investment funds must be lawful.
This means that you must have lawfully obtained the funds you use for your E2 investment.
Examples of lawful funds include:
- Income earned from lawful employment
- Income from the sale of a property
- Income from the sale of a business
- A unsecured loan
- A loan secured by your personal assets
- A gift
- An inheritance
8. Your investment is at-risk and is irrevocably committed to the E2 business.
To get an E2 visa, your investment must be “irrevocably committed” to the E2 business, and must also be “at-risk.”
For this requirement, we will break it down into 4 parts:
1. Investment
2. Possession and control
3. At-risk
4. irrevocably committed
Investment
- For an E2 visa, you must make an actual investment.
- This means you must put capital at risk for the purpose of generating a profit.
Possession and Control
- As the E2 investor, you must have possession and control of the funds invested.
- This becomes an issue with gifts and inheritance.
- If your investment funds are from a gift, the gifting party must give you the funds, and then you can invest those funds in the E2 business.
- Someone else cannot invest the funds into the company for you.
- You cannot inherit a business for an E2 visa.
- You can inherit capital, which you can then use to invest in a US business, for an E2 visa.
Investment At-risk
- The investment funds must be subject to total loss.
- There can be no guarantee that you will get any portion of your investment funds back.
Investment Irrevocably Committed
- At the time you file your E2 visa application, your investment funds must already be invested or be in the process of being invested in the E2 business.
- Your business must be close to starting actual business activities
- Just having the intent to invest is not enough.
- Just putting the investment funds in a bank account is not enough to qualify for an E2 visa.
-
- You can have a reasonable amount of capital in your business operating account which can count toward your E2 investment capital.
- You can meet the irrevocability standard by placing your investment funds in an escrow account.
- You can do this by making the release of the funds conditional on the approval of your E2 visa.
Conclusion:
By now, you should know that to get an E2 visa, you must meet all 8 of the E2 visa requirements:
1. You must be a national of a treaty country with the United States.
2. You must have the intent to depart the United States once your E2 status ends.
3. Your investment must be “substantial.”
4. The US business must be an active, “bona-fide,” enterprise.
5. Your business cannot be “marginal.”
6. You must “direct and develop” the E2 business.
7. Your investment funds must come from a lawful source.
8. Your investment must be at-risk and irrevocably committed to the E2 business.
Now that you have read the 8 E2 visa requirements, you are in a much better position to understand whether you will qualify for an E2 visa.
Tip:
The E2 visa requirements are complex. In addition to meeting the requirements, you must make sure that your application clearly shows that you meet all of the requirements.
This is not something that you should do on your own. There are many documents that must be carefully prepared and submitted properly, for your visa application to be approved.
Many of the US Consulates of the E2 treaty countries have specific requirements for how they would like the E2 application to be submitted to them.
Some consulates want a comprehensive business plan while others want a very short and concise business plan.
And the order in which the documents are to be submitted is specific to each consulate.
If your application isn’t submitted properly, it may not even be processed.
The key to your success with an E2 visa it to work with a qualified immigration lawyer with experience handling E2 visa applications.
Ashoori Law is a full-service immigration law firm focused on helping entrepreneurs get visas to the US.
We would be happy to help you with your E2 visa petition from start to finish.
If you have any questions, I’m here for you. Email me directly at Michael@AshooriLaw.com.
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Posted in Immigration Guides, E2 Visa
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20:05 23 Jan 23
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20:13 14 Jan 23
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Siranush Vardanyan
16:04 10 Jan 23
My husband and I used Ashoori Law Services for our E2 Visa Application. Our case was a challenging one from the beginning but having assigned Rebecca as our attorney, the process started to move forward very smoothly. Rebecca is a highly... professional lawyer, who pays attention to every detail and follow up with every request even during her weekends. We successfully got approval of our case thanks to Rebecca's professionalism and dedication. I have already recommended Ashoori Law firm to some of my friends, who are looking for a professional legal support. We intend to continue working with Ashoori Firm in future as well.read more
Samantha Jacobs
05:06 09 Jan 23
Michael and his team are phenomenal, their set up regarding information is an easy step by step guide. We worked with a lady named Rebecca, she was always available when we needed her, answered all our questions when we weren't sure, and definitely... took the stress out of filling an application, this is the second time we have used Ashoori lawyers and will defiantly continue using them in the future.read more
Mathew Emanuele
23:51 26 Dec 22
My wife and I used Ashoori Law Services for our E2 Visa Application and were very happy with their work. Michael's team was very professional and the entire process was incredibly efficient. We loved how they had an online portal set up to receive... all the necessary documents they required. It simplified the process and cut out any guesswork. We followed their direction step by step and if there were any questions they were answered quickly. Elaine did a fantastic job putting our business plan together and Rebecca was our lawyer, who was highly attentive. We would definitely recommend using Ashoori law!read more
Syeda Nikhat Fatima Jafri
16:29 20 Dec 22
Ashoori law worked really fast. I’ve already had received my green card in an year of submission. They made the process very easy and gave us confidence that things will be done correctly. And they also kept us up to date with email and the online... tracking along the way.Thanks to Michael,Milena Manukyan and Carlito Romero (an ex worker) in the firm.read more
Matteo DP
21:42 14 Dec 22
it's a pleasure working with them Matthew in particular has been very supportive and available during the process
Sofiane Chtioui
14:54 14 Dec 22
I strongly recommend AshooriLaw for all your US immigration needs!I am from Canada and AshooriLaw was instrumental in helping me and my wife in obtaining our E2 visa. From the first discovery call to preparing for the visa interview in the Toronto... US consulate, the AshooriLaw team provided valuable guidance and outstanding support all along and made sure we submit a strong application that was approved with hardly any questions!Prior to starting the process, I talked to a couple of immigration attorneys and read about some bad experiences which made me worry about the kind of service I will get. Now let me tell you that the immigration attorney makes all the difference and choosing the right one will be key to the success of your endeavor!I had a very positive experience with AshooriLaw from the start and was impressed by the professionalism, the well organized workflow and the timely and friendly interaction. On top of that, I paid reasonable fees compared to other firms out there! I will definitely call AshooriLaw for any future US immigration needs and I recommend you give them a try!Thank you Lahaina, Christina, Rohit, Elaine, Melissa and Michael for your service!read more
Brandon Kim
09:12 14 Dec 22
Utilizing the services of Ashoori Law has been a pleasure and an outstanding experience. I highly recommend Ashoori Law to anyone who needs immigration assistance. With the help of Ashoori Law my spouse and I were able to get our immigration... documents seamlessly and without no issues. Ashoori Law is very customer oriented and from Day 1 is always available for you if you have any questions or concerns. Going forward, my spouse and I definitely plan to use Ashoori Law for future immigration services.read more
Eyad Alfawaeer
06:13 14 Dec 22
Attorney Lahaina and her legal assistant Christina as well as all Ashoori Law team are really awesome, they helped me in a very professional manner with a very quick and positive outcome, Highly recommend.You will be in very good hands. They were... responsive, knowledgable, helpful, and truly cared about helping me in renew my E2 visa.read more
Linda Bradley
04:04 14 Dec 22
Very happy with your services 🙏🏻🙏🏻🙏🏻Very good at their work and they explain very well so that you have patience in the waiting processes
Leva Eghbali
20:50 06 Dec 22
Ashoori Law helped get us an E2 visa. They were a dream to work with. They had a whole team who would take care of various aspects of our application and guided us every step of the way. We were on a time crunch and they got everything done on time... for us despite the rush and were so kind and patient through it all. We are so happy we found a great firm to continue working with in the future and can be sure of a great outcome and complete professionalism.read more
Molly Hagman
05:29 24 Nov 22
Ashoori Law helped me with the renewal of my O1-visa and the whole process was taken care of in an exceptional way. Everything from the onboarding consultation call to the process of collecting all documents, writing the petition, and sending in,... all taken care of in a timely manner. I will definitely recommend Ashoori Law and come back for future representation.read more
Anatolii Makarov
03:38 24 Nov 22
Hi, few day ago I got approve for my EB2 NIW case. I want to say big thanks to Ashoori Law firm, especially Michael and Christina. All steps was clear and they took care all of my questions and concerns. They did all work highly professional and now... I see all decisions was made right and by the time. I really appreciate for your work from first call to approval.read more
Glen Robinson
02:08 23 Nov 22
Fast and efficient lawyer
akbar pirani
15:22 22 Nov 22
The most genuine people out there ! I was super impressed with thier honesty .Special thanks to Ms Lindsey ..We need people like you in this world !Best wishes to Ashoori Law.
Sam Bourgi
00:58 22 Nov 22
I discovered Ashoori Law after doing research on U.S. visa and immigration programs for Canadians. I came across Michael Ashoori’s YouTube channel, which, in retrospect, has the best explainer videos for U.S. immigration on the internet. After... watching his videos for a few weeks, I set up a consultation with Ashoori Law and was immediately connected with attorneys Ehsan Mehri and Lorianne Cercenia.I came into this fairly knowledgeable about the U.S. immigration system and what program I wanted to pursue. After reviewing my situation during the initial consultation phase, Ehsan explained what programs I’m eligible for as a Canadian. Lorianne was assigned my case and got to know my unique situation. She then recommended a visa option I had no clue existed – and it saved me a lot of time, money and headaches.Over the next few months, Lorianne collected my documents, prepared my application and helped me build a strong case for my visa. She was always extremely responsive and knowledgeable about the immigration system. When I attended my interview at the U.S. consulate, my application was quickly approved. That’s because I was prepared for everything, and my supporting documentation was iron-clad.I can’t speak highly enough about Ashoori Law. They took the time to get to know me and gave me a solution that matches my current set of circumstances. Their customer service is unmatched, and their knowledge of the immigration system is top-notch. I was reassured from the very beginning that my application was in good hands.Overall, I’m extremely satisfied with the whole process. I got exactly what I wanted. I’ll be working with Ashoori Law for all my immigration needs moving forward. Thank you, Lorianne and team!read more
Oubai Al Hendi
18:34 20 Nov 22
Ashoori Law had helped me with my O1 application. I cannot thank Michael, Jonathan and Ehsan enough for their real and genuine advisory and assistance all the way from the first contact till approval. The approval that I could have in a record time... of 2 days after submission due to my profile and their work to show it in the right way to the officer. I highly recommend them for O1 tech startups applicants.read more
leena Alhelo
01:51 15 Nov 22
Great to work with! They explain everything in detail and made the process very easy and fast. highly recommended
Kay Qiao
20:27 08 Nov 22
Very efficient, very professional, very responsive. Can't be more appreciated with their dedicated team work. Thank you so much!!
Shane Teelucksingh
19:26 07 Nov 22
Researched quite a bit before eventually selecting Ashoori Law as my attorney partners and I'm happy that I did . They are responsive, helpful and guide you through the entire process. I had many questions, and they had the answers and all... challenges were quickly addressed. Lahaina led my particular journey and provided quick feedback all along the way. They have a competent team and their portal makes submitting documentation really simple while allowing you to review where you are in the process, which I personally found extremely useful. A very good blend of technology and proficiency. Would definitely recommend.read more
Shamzil Ramiz
07:57 07 Nov 22
Excellent response..
Sanket Shah
00:29 04 Nov 22
Ashoori law is a Fantastic law firm, They are very Professional and Knowledgeable specially Attorney : Lahaina Araneta. As soon as I signed on they got to work right away to start gethering all Details. Anytime I had questions Lahaina Araneta is... ready to give me quick Answer. I felt our case was in good hands. The team is very responsive and knowledgeable, and they work hard to keep up to date with all the latest changes in immigration law.Definitely we will use them Service again in Future.Highly recommend.read more
Krishna Mukkera
23:30 31 Oct 22
Provided excellent support/guidance on the I-90 renewal application. Strongly recommend them.
Fari Hamid
10:03 29 Oct 22
My family and I hired Ashore Law to consult with, and to handle our immigration case whilst our migration from Pakistan to the USA. Ashore Law proved to be completely professional, functional and delivered services without any problems or... complications arising throughout our process. Their staff is indeed highly trained, extremely courteous and thoroughly professional. Ashore Law represented our case, on our behalf, and they delivered what they promised. Our applications for US immigration (E2) made through Ashore Law were handled very well throughout the process, and my family and I faced no difficulties whatsoever. I would definitely highly recommend Ashore Law for E2 consultancy services any day!read more
Copier clearance center
22:04 28 Oct 22
Michael Ashoori from the Ashoori Law firm has changed our family's life! We were here in the USA on a E2 non immigration Visa and thought we would be stuck with the E2 visa with no chance of immigration! When we contacted Michael and told him our... situation, he listened and started a game plan for us right away with an EB5 immigration Visa, Today we checked USCIS website for case update and we were thrilled when we saw our case approval notice. WOW LIFE CHANGING!!! We definitely recommend Ashoori Law firm for all your immigration services.read more
Kalubi Fwanyanga
19:44 28 Oct 22
I retained Michael and team to help ease the process of filing and also just guide us so we do don’t experience any hurdles and sure enough, when submitting the paperwork, me and hubby forgot to append our signatures on one of the forms and Michael... and team immediately noticed before the forms were sent, the process went as smooth as it can be and guess what, after 3 months submitting the documents to uscis, I received my work permit and SSC and after 10 months into the processing period, we received my parole approve notice and a date for our interview appointment! To add a cherry to the cake, the team has availed itself for any questions and guidance to thoroughly prepare us for the interview! What higher manner of professionalism can be exhibited above this! The team is fully engaged and we are grateful.read more
Aidana Ibraeva
17:07 27 Oct 22
I don’t often write reviews, but in this case I just don’t want to miss the opportunity to write about these people who are really professionals and know their business very well.If you’re still doubting whether or not you should choose them, I... can assure you that you won’t be left disappointed.read more
SangJo Kang
22:57 26 Oct 22
Me and my wife applied for green card through Ashoori Law last December and our case were approved this October. I was in J-1 visa and applied NIW case. They really helped us out from the beginning, especially helping me writing the recommendation... letters. It seemed like their law firm had a lot of people who were very experienced and they answered all the questions that I had. They even had a backup strategy for me if my case was not approved after my visa was expired. I really appreciate all their hard work and kindness and I highly recommend others if they are seeking immigration to the US. I would definitely contact them when I need help for my immigration status.read more
alinafe joshua
18:38 26 Oct 22
Thank you so much! I can't tell you how much I appreciate the amazing legal work you did on my behalf. You and your team are so understanding, helpful and fast in doing things I recommend anyone who needs help to not hesitate but to contact you ASAP.
arshad mohammed
07:50 25 Oct 22
I am very happy and pleased to be writing this review. I came to know about Ashoori Law Firm through you tube videos and decided they are the best firm for my L1A petition, they proved my belief to be 100 percent right and got approval for my case... within five months on the first go. I thank the wonderful team who were very helpful and courteous during the entire process and helped me and answered all my queries promptly. I will be suggesting the firm to many of my friends who are willing to immigrate to The United states.read more
K and G Murphy
23:20 21 Oct 22
They were very patient in waiting for us to get everything we needed and made the process fast and easy. We didn’t even have to do an interview. My wife has a 10 year residency card and right to work. Thank you
Mike Latreille
19:49 20 Oct 22
Ashoori Law was the best choice I could have made for my immigrating from Canada to the US .. their legal team has been easy to work with …super efficient and very professional and always there when I needed guidance or direction..I am greatful for... there team and would highly recommend them to anyone looking for an immigration firm to represent them on their journey . A very special thanks to Michael Ashoori, Mathew Larsen and Jeser Romero.. for there attention to detail and impeccable professionalism .. Thanks again Michaelread more
Abdul Salman
17:59 19 Oct 22
Received EAD today. Ashoori have professional attorneys, they are very helpful and filing fees are affordable . Definitely recommend my family and friends. Hopefully I receive my Green card soon.
Sean Machii
05:23 19 Oct 22
Thank you for helping me to get the E2 visa. Ashoori Law team is professional and explain everything I need to know in detail. Highly recommend this law firm for E2 visa.
Eric Askerov
17:18 14 Oct 22
Ashoori Law is a law firm you can trust and be sure they won’t leave you alone with your problems. I’ve been working with a few other lawyers before, but they all are working with you only because of money and don’t really care about you and your... situation.I contacted Ashoori Law’s team with an urgent situation and they were able to take my case, get everything done super smooth and fast. Ashoori Law’s team is reliable, professional and easy to work with. They take care of everything, all you need to do is cooperate and provide necessary papers on time.I highly recommend the firm and specially Shruti, who was working on my case. Only 5 star!read more
Genx Solutions LLC
21:55 13 Oct 22
They handled my E2 process professionally. Collecting all the necessary documents were done systemically. I'm fully satisfied with the service. Michael review the file personally and answer any questions come up. Would recommend Ashoori Law office... with no doubt.read more
Frida Davidsson Art
19:39 13 Oct 22
I’m very happy I choose Ashoori law! They have been so helpful and very quick with responding! Whenever I have questions they really take their time to explain, and my case has been processed quicker expected! Everything has been going very smooth... without any issues. I strongly suggest Ashoori Law!read more
Hiitokiri
00:13 12 Oct 22
Milena she will take care of you in your case of the Mater. Experience and excellent service she explained everything in to easy detail...I give her 💯 top notch service if you have any questions she respond back fast efficient...quick and... easy process....and make it easy for you to process your paper work....thank you so much Milena OUSTANDING Work!!! Thanks Ashoori Lawread more
Guru
19:36 11 Oct 22
Excellent service extended by Lorianne & team @ Ashoori Law. Kudos.
Brian Tetreault
02:37 06 Oct 22
Fantastic experience with Ashoori Law. Michael and his team were methodical in their handling of our E2 case. Communication with the firm was excellent and all queries were responded to in a timely manner. I would highly recommend Ashoori Law.
Karen Brizuela
01:04 06 Oct 22
Michael and team thankyou very much!! Right and professional answers. you guys did the the job as we agree.. and we did get our E2 visa status.Abe Brizuela.
Winston Stewart
13:50 27 Sep 22
ashoori law took my case in April 2021. They made sure that everything was done correctly before fileing. upon receipt of the case we awaited uscis decision. our petition was approved august 2022. during this time period ashoori law was always... available for my concerns or questions. therefore without reservation I recommend ashoori law to anyone seeking professional legal services in the immigration field.read more
Allen Gibbons
20:02 24 Sep 22
They were informative and very professional. Got the case done smoothly and on time. I would highly recommend Ashoori Law Firm.
Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.