What Is The E1 Visa?
The E visa is an investor or a treaty trader, which means that if you’re conducting a trade between the United States and your home country, you can obtain a non-immigrant visa that allows you to enter the United States to work in the United States in order to facilitate your trade with the US.
Who Is Eligible To Apply For An E-Visa?
You can apply for an E visa if you’re from one of the treaty countries on a list that is distributed by the Department of State. If you are a treaty trader, you must be from an E-1 eligible country, meaning your country has a prescribed treaty with the United States. Each treaty country has an eligibility criteria for either an E-1 or an E-2, or sometimes both.
How Long Can I Stay In The US On An E-Status?
Normally, you can stay in the United States on a recurring basis, as long as your E company is viable, you maintain your ties to your home country, and you don’t have immigrant intent in the United States. The E visas are generally issued for a two year period. However, the validity depends on the Department of State reciprocity tables. You can stay in the United States during the validity period and then renew, or exit and obtain a new E visa. The validity of each E visa is prescribed by the Department of State, so you’d have to check with your specific treaty country on the reciprocity for that country, as to how long you are issued a visa.
Can Someone Who Is Self Employed Be Eligible For An E-Visa?
Someone who is self-employed can be eligible for an E-visa as either a treaty trader or an E-2 investor.
Is There Any Alternative Program Available If The E-Visa Is Not Available?
There are alternative programs for investors who are willing to invest a million dollars or more in the United States. The EB-5 program is available for an investor who’s willing to do that. If they can trace their source of funds back to a legitimate source.
There are also options for business owners who have businesses in their home country and want to open a subsidiary, branch or affiliate in the United States. Multinational companies may transfer executives, managers, or specialized knowledge professionals to the United States from a qualifying foreign entity.
What Are The Differences Between The E-1 & E-2 Visa? Which Visa Is Suitable For Whom?
An E-1 is for a treaty trader, so there has to be an international exchange of goods or services between the treaty country and the United States. You have to be a national of a country that has a treaty or commerce and navigation with the United States. You have to carry on substantial trade and principal trade between the United States and the treaty country itself. The E-1 is a visa to promote trade between these treaty countries and the United States.
An E-2 is an investor visa, for someone who wants to come to the United States to buy a business and invest a certain amount of money into that business. The amount that you invest for an E-2 non-immigrant visa depends on the market for that business. For instance, on an EB-5, the minimum investment is a million dollars, unless you’re in a targeted employment area where you want to get a green card through the EB-5 program. However, for an E-2, there is no per se minimum investment, rather you have to be a national of the treaty country. If you’re buying a gas station in the United States, you might make a $150,000 investment, but if you’re buying a landscaping business, you might make a $40,000 investment. It very much depends on the market for the type of business that you’re investing in.
For the E-2, you have to look to enter the United States solely to develop and direct the investment business, so you want to make that investment income grow and direct and develop the investment enterprise. You also have to show that you, as the foreign national from a treaty country, own at least 50 percent of the enterprise and/or have operational control through a managerial position or other corporate device.
Have There Been Any Changes Or Are Changes Anticipated In The E-Visa Process?
E-1 and E-2 are always viable options if you’re a resident of one of the treaty countries. Under the current administration’s Buy American Hire American policies, we have to be concerned with the increased level of scrutiny and the narrowing of legal definitions, which make it harder, across the board, to obtain any type of visa for the United States. Investors and treaty traders can see that it’s becoming more difficult to secure these types of visas, which is why it’s so important that they have a qualified immigration attorney who is watching these trends.
For more information on E-1 & E-2 Visa Programs In The United States, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (844) 329-6469 today.
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