LAW OFFICES OF DAKSHINI R SEN. P.C.
E-1 (Treaty Trader):
The E-1 visa allows an individual to enter the United States on a non-immigrant basis for the sole purpose of carrying on substantial trade between his or her country and the United States. The home country of the non-immigrant must have a treaty with the United States
Requirements:
- Must be a national of a treaty country, or must share the same treaty nationality as the employing company;
- The trade between the U.S. and the treaty country must be substantial (>50%) and must already exist;
- The trade may be in goods, services, or technology;
- If employed, the E-1 must work as an executive or supervisor or have highly specialized skills.
- The principal E visa holder may not take on other employment activity;
- Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien.
- Spouses can work, though children cannot; They all can be full-time students;
- E visas are issued for two years at a time, and can be extended in two-year increments indefinitely;
- No annual limit on E-1/E-2 visas.
Application procedure:
Generally, the initial visa application is made directly to the U.S. consulate and the applicant will be admitted for up to two years. Application for E visa extension or change of status to E is made to the USCIS.
The treaty trader countries are:
Argentina, Australia, Austria, Belgium, Bolivia, Bosnia & Herzegovina, Brunei, Canada, Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Serbia & Montenegro, Slovenia, Spain, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Turkey, and the United Kingdom.
E-2 (Treaty Investor):
If you come the U.S. to run an enterprise in which you are invested, you may obtain the non-immigrant visa status of E-2 treaty investor. If you are an employee of a treaty trader investor you may also be qualified as an E visa holder if your duties require special qualifications essential to the business. The non-immigrant must have the same nationality as the alien employer and the home country of the non-immigrant must have a treaty with the United States.
Requirements
- Must be a national of a treaty country;
- Investment must be substantial: It must be sufficient to ensure the successful operation of the enterprise. The percentage in investment required for a low-cost business enterprise is generally higher than the percentage of investment required for a high-cost enterprise.
- The investment must be in a real operating commercial enterprise: Speculative or passive investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
- The investment may not be marginal
- Must have Control of Funds and Bear the Risk of loss: Although an investor can usually show that the funds are at risk by purchasing an existing business, or starting a new business by having a lease agreement signed and/or purchases of equipment and supplies, funds placed in escrow with disbursement contingent only on visa issuance, and then irrevocably committed to the enterprise, will satisfy the requirement, because the investor will have "progressed to the point of no return."
- Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien.
- Spouses can work, though children cannot; They all can be full-time students;
- E visas are issued for two years at a time, and can be extended in two-year increments indefinitely;
- No annual limit on E-2 visas.
Application procedure:
Generally, the initial visa application is made directly to the U.S. consulate and the applicant will be admitted for up to two years. Application for E visa extension or change of status to E is made to the USCIS.
The treaty trader countries are:
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, the Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslavia.