E-1 AND E-2 VISAS: WORK IN THE U.S. BY ESTABLISHING A BUSINESS
* OWN AND OPERATE YOUR OWN BUSINESS IN THE U.S. *
* BRING YOUR OWN EMPLOYEES TO THE U.S. *
Treaties between the United States and many countries allow foreign
nationals to come to the United States to conduct trade or to manage substantial
investments. There is no fixed dollar amount for treaty investment. Those qualifying for
the E-1 (Trader) or E-2 (Investor) visas can pursue longterm business objectives using
these practical visas.
E-1 Treaty Trader Visa Qualifications:
A person may be issued an E-1 Treaty Trader visa if:
- The individual or the business has the nationality of the treaty country (at least half
of the company must be owned by national of the treaty country).
- There must be substantial trade (more than 50 percent) between the U.S. and the country
of nationality. Trade includes the exchange purchase or sale of goods or services or the
transfer of technology.
- The individual is either the principal trader, who is coming to the U.S. to engage in
substantial trade, or an executive, manager or employee with special skills essential to
the company.
E-2 Treaty Investor Visa Qualifications:
A person may be issued an E-2 Treaty Investor visa if:
- The individual or business has the nationality of the 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 is in the process of making a substantial
investment (generally in excess of $100,000 at risk) in a business in the United States.
- The individual is either the principal investor, who will direct and develop the
enterprise or an executive, manager or employee with special skills essential to the
company.
- The investment is not the individuals sole income source.
Length of Stay 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 (eg: the business continues
to operate) and the treaty remains in force.
Countries with Treaties for E-1 and E-2 Visas:
Countries with Treaties for E-1 Visas: Argentina, Australia,
Belgium, Bolivia, Bosnia, Brunei, Canada, China (Taiwan), Columbia, Costa Rica, Croatia,
Denmark, Estonia, Ethiopia, Finland, France,Germany, Greece Honduras, Iran, Ireland,
Israel, Italy, Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines,
Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, and United
Kingdom.
Countries with Treaties for E-2 Visas: Argentina, Australia,
Austria, Bangladesh, Belgium, Bosnia, Bulgaria, Cameroon, Canada, China (Taiwan),
Columbia, Congo, Costa Rica, Croatia, Czech Republic, Egypt, Ethiopia, Finland, France,
Germany, Grenada, Honduras, Iran, Ireland, Italy, Japan, Kazakhstan, Korea, Kyrgyzstan,
Liberia, Luxembourg, Macedonia, Mexico, Morocco, Netherlands, Poland, Romania, Senegal,
Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo,
Tunisia, Turkey, United Kingdom,and Zaire.
Countries with Pending Treaties for E-2 Visas: Armenia, Belarus,
Ecuador, Estonia, Georgia, Haiti, Jamaica, Moldavia, Russia, Trinidad and Tobago and
Ukraine.
Conclusion:
This information has been provided as a broad overview of the E-1
(treaty trader) and E-2 (treaty investory) visa categories. Immigration laws are complex
and do change. Therefore, to discuss whether you are eligible to apply for an E Visa or
another visa category under the United States immigration laws, contact the LAW OFFICES OF
JAMES J. REGAN.
Thank you.
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