E-1 and E-2 Visas – What You Need to Know

The E-1 Treaty Trader Visa and the E-2 Treaty Investor Visa are advantageous non-immigrant visas intended for individuals who want to enter the United States for business purposes and have the nationality of a country with which the United States maintains treaties of commerce and/or navigation – commonly known as a “treaty countries.”

The E-2 Treaty Investor Visa

As mentioned above, the most important requirement of the E-2 Visa is that you must be a national of a country that maintains a qualifying E-2 treaty with the United States.

If your country of origin and the U.S. have the required treaty, then the following requirements must be met in order to successfully apply for an E-2 visa:

• You must prove through solid evidence that you own at least 50% of a U.S. business.
• You must intend to enter the United States to direct and develop the business.
• You must have invested or be planning to invest a substantial amount of capital in a U.S. business and must be able to demonstrate that the investment is at risk, controlled by you, and irrevocably committed to the business.
• The investment must not be in a marginal business.
• The U.S. business must be operational or be set to being operational in the near future.

The E-2 Visa is granted for a period of two to five years and can be renewed indefinitely. Additionally, the unmarried children under the age of 21 of an E-2 Visa holder are also eligible to obtain the E-2 Visa status and the spouse can apply for a work authorization.

Foreign workers who are essential to the operations of a U.S. business can also be granted the E-2 status.

Providing a fully comprehensive list of the E-2 Visa requirements is a task for an immigration attorney with expertise and experience handling this type of visas as the requirements can vary depending on the type of business and the U.S. Consulate through which the foreign national is applying.

The E-1 Treaty Trader Visa

The E-1 Visa is a temporary, non-immigrant visa intended for individuals who may not have a substantial amount of money invested in a company but rather trade either goods or services between their home country and the United States.

As with an E-2 Visa, a valid treaty between the applicant’s home country and the United States is the first and most important requirement to qualify – no exceptions.

If your country of origin and the U.S. have the required treaty, then the following requirements must be met in order to successfully apply for an E-1 Visa:

• The trading firm the applicant is representing must have the nationality of the same treaty country as the applicant.
• Majority ownership (at least 50%) of the U.S. company by the applicant.
• Trade must be substantial between the U.S. company and the foreign company.
• The applicant must be employed in a supervisory or executive position or possess highly specialized skills.

The E-1 visa is granted for a period of two years and it can also be renewed indefinitely. The spouse and unmarried children under the age of 21 of an E-1 visa holder can also apply for the E-1 Visa status and the spouse is allowed to work in the United States under a work permit.

Foreign workers who are essential to the successful operations of a U.S. business can also be granted the E-1 status.

As with the E-2 Visa, providing a thorough list of the E-1 Visa requirements is a task for an immigration attorney with expertise and experience handling this type of visas as the requirements can vary depending on the type of business and the U.S. Consulate through which the foreign citizen is applying.

Generally, the expertise of other individuals such as international tax accountants or foreign investment experts may not be enough. The help of an experienced business and immigration lawyer is priceless when it comes to the E-1 and E-2 visas.

Jurado & Farshchian, P.L. – Your E-1 and E-2 Visa Attorneys

At Jurado & Farshchian, P.L., our experienced Immigration Attorneys will not only help you get your E-1 and E-2 Visas approved but they will also be with you in every step of the way towards making your business a significant part of the economy of the United States. Get in touch with us by calling us at (305) 921-0440 or by sending us an email to [email protected].

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