E-1 and E-2 Visas – Treaty Traders and Treaty Investors

 

Treaties between United States and many countries allow foreign nationals to come to the United States to conduct trade or to manage substantial investments. Unlike the $1 million threshold for permanent resident investor visas there is no fixed minimum dollar amount for treaty-investment. Those qualifying for the E-1 trader or E-2 investor visas can pursue long-term business objectives using these practical visas. Be sure to consult with an Attorney experienced and immigration matters to be certain that your case is prepared correctly.

Who qualifies for E-1 Treaty Trader Visa?

A person may be issued an E-1 treaty trader visa if:

• The individual or the company has the nationality of a treaty country (at least half of the company must be owned by nationals of the treaty country)


• There is substantial trade (more than 50% of the company’s international trade) between the United States and the treaty country. Trade includes the exchange purchase or sale of goods or services; the transfer of technology; and binding contracts that call for the immediate exchange of items of trade. Such trade must be continuous and ongoing


• The individual is either the principle trader who is coming to the United States to engage in substantial trade, or an executive, manager or employee with special skills essential to the company

Who qualifies for an E-2 Treaty Investor Visa?

A person may be issued an E-2 treaty investor visa if:

• The individual or the company has the nationality of a treaty country (at least half of the company must be owned by nationals of the treaty country)


• The individual or the company has made or in the process of making a substantial Capital Investment (relative to the total value of the company) in a bona fide business enterprise in the United States


• The individual is either the principal investor who will direct and develop the enterprise or an executive, supervisor, or employee whose services are essential to the efficient operation of the U.S. Company


• The investment has the present or future capacity to generate more than enough income to provide minimal living for the investor and his or her family, or has the present and future capacity to make a significant economic contribution.

How long can E Visa holders remain in the United States?

• E visas are generally issued for five years. Extensions of stay in the United States may be granted as long as eligibility continues and the treaty remains in force. At the border, E visa holders are admitted to the United States for two years of each entry (notwithstanding the visa validity period). Extensions of stay in the United States may be granted for up to two years at a time from the appropriate U.S. Citizenship and Immigration Services (USCIS) service center.


• An E Visa may be reissued for up to five years at the home consulate with submission of appropriate documentation establishing the ongoing trade or continuing operation of the business investment enterprise.


• The spouse and children of E Visa holders do not require treaty country nationality. Children may attend school and spouses in E status are eligible to apply for an employment authorization document

To find out more, call or Contact Korda Zitt and Associates today!
Korda Zitt & Associates, Immigration Attorneys of Naples and Miami Florida / 2009