E-1/E-2 (Non-Immigrant Visa)
Investment Based Immigration
E-1/E-2 Treaty Trader and InvestorsWhat are E-1 and E-2 visa?
Over time the United States has signed treaties with many other nations in the world. These treaties are intended to promote trades and investments between the U.S. and the other treaty countries. Nationals of these countries can obtain non-immigrant visas to live and work in the U. S. in order to manage and direct their investment in and/or trade with the United States. This type of visas are named as “E-1/E-2 visas”.The E1 Treaty Trader:
The E-1 non-immigrant visa allows a national of a treaty country to be admitted to the United States solely to engage in international trade. A treaty country is a country which the United States maintains a treaty of commerce and navigation. Certain employees of the E-1 trader or of a qualifying E-1 organization may also be eligible for E-1 status. E-1 visa holders are also permitted to bring their immediate family members (spouse and children under 21 years old) under this status as well.What are the General Qualifications of a Treaty Trader?
1) The trader must be a national of a country with which the U. S. maintains a treaty of commerce and navigation
2) In order to qualify for E-1 visa, the volume of such trade must be substantial to justify the trader or his/her employee(s) being in the U.S. to manage the trade.
3) The trader must also carry on “principal trade” between the U.S. and the treaty country which qualified the treaty trader for E-1 classification. This usually means it must constitute at least fifty percent (50%) of the trader's international trade.
What the definition of “trade” and what can be traded?
“Trade” is defined as the existing international exchange of items of trade for consideration between the U. S. and the treaty country. Some examples of items of trade include but are not limited to:
- International banking
- Technology and its transfer
- Some news-gathering activities
The E-2 non-immigrant visa allows a national of a E-2 treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Like E-1 visa, certain employees of E-2 investor may also be eligible for this visa or status. Also like E-1 visa holders, E-2 visa holders are also permitted to bring their immediate family members (spouse and children under 21 years old) under this status as well.What the General Qualifications of a Treaty Investor?
What are the E-1/E-2 Treaty Countries
1) The treaty investor must be a national of a country with which the United States maintains a treaty of commerce and navigation
2) The treaty investor must also have invested or be actively in the process of investing, a substantial amount of capital in a business in the U.S.
3) The treaty investor must be seeking to enter the U.S. solely to develop and direct the investment enterprise or business. This is means that he or she must have at least 50% ownership of the business or have possession of operational control through a managerial position.
E1 Visa Countries
Here are the countries that have treaties with the United States which will allow qualifying nationals to apply for Treaty Trader (E-1) status
- Taiwan (ROC)
- Costa Rica
E2 Visa Countries
Here are the countries that have treaties with the United States which will allow qualifying nationals to apply for Treaty Investor (E-2) status
- Taiwan (ROC)
- Costa Rica
- The Czech Republic
- The Slovak Republic
- Sri Lanka
- Trinidad and Tobago
- The Ukraine
- United Kingdom
Our law firm and team of professionals are ready to help treaty traders and investors with both E-1 and E-2 visa applications.
Here is a general description of what our services may include.
- Provide a Full Review of your personal circumstances
- Confirmation that the E-1 or E-2 visa is appropriate for you and your business partners or employees
- Provide a comprehensive checklist of documents and evidence that you need to apply for your E-1 or E-2 visa
- Assist you with US company formation and review of related agreement and documents
- Review or Prepare of your E-1 or E-2 business plan
- Prepare of your E-1 or E-2 visa application
- File your visa application to the proper government agencies
- Respond to all correspondence with USCIS including any additional “Request for Evidence”
- Advise you on how to prepare for Consular or USCIS interview
- Unlimited personal communication with our attorney relating to your case