E1 VISA
As Treaty Trader
E1 VISA
Businessmen and their employees who are nationals of E1 Treaty Trader countries and whose business undertakes a significant amount of international trade between their home Country and the United States may qualify for this type of visa. The volume of such trade must be sufficient to provide employment in the US and the trade must constitute the majority of the trader’s international trade (i.e. at least 50% of the Trader’s exports/imports must be to/from the USA). There is no set minimum level of trade which is considered sufficient, but the level of business should be sufficient to justify employing a number of employees in the US.
E1 Treaty Trader Application Advice
Nationals of qualifying countries may apply for an E1 visa in order to ‘Develop and Direct’ import/export trade (of goods or services) between their own country and the US. They may also apply for E1 visas for key managerial and specialist employees. Unlike for the L1 visa, there is no requirement for such employees to have worked for the overseas employer for at least one year in the last three years.
E1 visa registration applications center on the volume of trade between the USA and the Treaty country. The prospective Treaty Trader must demonstrate that:
- There will be a substantial number of trade transactions between the US and the treaty country.
- There will be a substantial dollar value to the trade between the US and the treaty country.
- The majority of international (i.e. not including transactions within the Treaty country or within the US) trade transactions undertaken by the applicant (have been and) will be between the US and the treaty country.
- The majority of the dollar value of trade (has been and) will be between the US and the treaty country.
- The trader (or his/her employees seeking E-1 visas) has sufficient business acumen and experience to develop and direct the trade.
- The trader, and any other E-1 staff, are able and willing to leave the US upon termination of their E-1 status.
- The trader has a past history of conducting trade between the US and the treaty country.
E-1 Treaty Trader Visa Application Process
- You contact us.
- Tcbmalibu.com considers looks at your proposed new business venture. If your company, is eligible for registration as an E-1 Treaty Trader business, we e-mail to you:
A formal instruction forms to return
Details of any additional data required, and confirmation of which documents we need
- You provide documents usually in electronic format for the application.
- Tcbmalibu.com complies your application and submits it to the Treaty Visa section at the appropriate US consulate – processing takes 4-6 weeks
- After registration as an E-1 Treaty Trader, visas can be obtained for investors, employees and dependents in 10 to 15 working days. You provide us with relevant information, and we prepare and submit the application to the E-1 and E-2 Treaty Visa section.
E-1 And E-2 Visa Employees
Once the principal applicant has obtained registration as a Treaty Investor or Trader, you can quickly obtain E-1 or E-2 visas for qualifying employees. Obtaining the registration usually takes 4 to 6 weeks and obtaining subsequent employee visas usually takes 10 to 15 working days.
Two types of employee qualify for E visas:
- Executives & Managers:
Executives and Managers should be going to develop and direct the trade or investment of the principal investor/trader in the USA. Such personnel should be able to demonstrate their executive or managerial pedigree, though there is no requirement that they have worked for the principal trader or investor for at least one year, as there is with the L1 visa. Generally, a resume and supporting letter from the principal is all the evidence required.
- Specialist or Essential Skilled Workers:
Visas for this type of employee are more difficult to obtain. You must demonstrate that:
- A US resident worker could not fill the position;
- The employment of the treaty national is necessary for the running of the principal trader or investor’s business in the USA;
- US workers will be trained to replace the treaty national (details of the proposed training must be given).
If the above criteria are met, then an E-1 visa can be obtained but is more difficult to renew than an Executive/Managerial E-1 visa.
Note that, a ‘visa issuance fee’ is often required in addition to the usual visa application fee for E visas. This usually amounts to $100-200. Also, E-1 visa employees must be of the same nationality as the principal investor.
Spouses and dependents of E-1 visa workers are also issued E-1 visas. Spouses are allowed to work. However, it may be advisable to apply for work authorization. Children can study but unfortunately are not allowed to work under the E-1 Treaty Trader visa category.
- Argentina
- Australia
- Austria
- Belgium
- Bolivia
- Bosnia-Herzegovina
- Brunei
- Canada
- Chile
- China (Taiwan)
- Colombia
- Costa Rica
- Croatia
- Denmark
- Estonia
- Ethiopia
- Finland
- France
- Germany
- Germany
- Greece
- Honduras
- Iran
- Ireland
- Israel
- Italy
- Japan
- Jordan
- Korea (South)
- Kosovo
- Latvia
- Liberia
- Luxembourg
- Macedonia
- Mexico
- Montenegro
- Netherlands
- New Zealand
E2 Treaty Investor Applicant Requirements
Investors from qualifying countries may apply for an E2 treaty investor visa in order to ‘Direct and Develop’ their business. They may also apply for E2 visas for key managerial and specialist employees which can be particularly useful for medium and large size businesses.
In contrast to the L-1 visa, there is no requirement that such employees have worked for the business outside the US for a set period of time, and there is no requirement that under the E2 visa scheme that the business continues operating outside the US.
E2 treaty Investor applicants should meet the following conditions:
- There has been a substantial investment in the US or in some circumstance’s money is held in escrow to be transferred if the E2 visa is granted. There is no specific cash threshold defined. Some businesses, for example in the IT sector, may qualify with investments of about $10,000. Investments could include travel, sales and marketing, equipment purchases and a range of other expenses. However, E2 visa registration with smaller levels of investment can be more difficult.
- Risk Capital has been Committed to the E2 Treaty Investor business: the investment must entail some risk to the investor (it may not be all in the form of unguaranteed credit). You will probably need to have an office lease agreement in the US. If you have a purchase agreement and are taking over an existing business, you can instead have money held in escrow.
- The investor will control his/her investment. E2 visa treaty investors of the same nationality will usually need to have at least a fifty percent ownershipand control of the US business.
- The enterprise is (or will be) active. In order to be ‘Directing and Developing’ their investment, the E2 Treaty Investor should be involved in managing the business.
- The E2 business should not be considered to be “marginal”. US workers are (or will be) employed. The treaties envisage more than just creating a job for the principal investor, but there is no requirement to employ a particular number of US citizens or residents. It should be possible to meet the requirements by employing only a small number of employees. Showing that you will employ two or three employees in the next one or two years will often be enough.
- You should have a business plan detailing the future plans for a new business. This should have detailed information on the new business and the plans to employ new staff in the US.
- Details of the skills, qualifications, and work history should be provided for any prospective employees of the E2 Treaty Investor, and if appropriate for the investor themselves.
- That the principal investor, and any other E2 visa staff, must be able and willing to leave the US upon termination of their E2 visa status, since the E2 is a non-immigrant visa category. However, the E2 Treaty investor visa can continue to be extended indefinitely.
E2 Visa Consular Processing or Change of Status
In most cases it is recommended that Consular processing is used, and an application is made at an US Embassy abroad. The advantages of Consular Processing are as follows:
- Frequently E2 Registration and E2 visa is granted for a longer period of time. This depends on nationality and the policy at an US Embassy. However, in many cases the validity period when applying outside the US is five years. This is true for British citizens and many other nationalities. If you apply for change of status in the US, the maximum period granted is two years.
- If you apply under Consular processing not only is it more likely that E2 Registration and Visa will be for a much longer period, you will also not need to apply again If you are successful in your application for an E2 visa you should be able to travel freely in and out of the US without having to make another application. If you have applied via change of status you have to apply again for a visa at an Embassy or Consulate. There is an added risk that the US Embassy will not accept the decision of the USCIS in the US.
The advantage of applying for an E2 visa via a change of status in the US is that with premium processing a decision can be reached in fifteen days. You will firstly need to have a non-immigrant visa for the US. Not under the visa waiver scheme. You cannot change status under the visa waiver scheme. When you leave the US you will need to apply for another E2 visa at an Embassy or Consulate. The Visa Officer will then have to decide whether they agree with the decision of the USCIS.
E2 Treaty visa application process
- You contact us
- com considers the application. If your company, the position and the candidate are eligible for registration as an E2 Treaty Investor, we e-mail to you:
- A formal instruction forms to return
- Details of any additional data required, and confirmation of which documents we need
- You email and/or provide documents for the application online.
- com completes your E2 Treaty registration application and submits it to the Treaty Visa section at the appropriate US consulate or Embassy.
- After registration as an E2 Treaty Investor business, visas can be obtained for principal applicants (if they are a person rather than a company), employees and dependents in about two weeks. You provide us with relevant information, and we prepare and submit the application to the Treaty Visa section.
E2 Visa Employees
Once the principal applicant has obtained registration as an E2 Treaty Investor they can obtain E2 visas for qualifying employees who are the same nationality as the investor. Obtaining the E2 registration could take some months and obtaining E2 employee visas usually takes about two weeks.
à Two types of employee qualify for E visas:
E2 Executives, Managers and Supervisors
Executives and Managers should be in a senior position and manage the whole business or a key part of the business. In larger businesses the owners of the business may not actually in practice spend much time in the USA. Such personnel should be able to demonstrate their executive or managerial pedigree, though there is no requirement that they have worked for the principal trader or investor for at least one year in the last three years, as there is with the L-1 visa. Documents required for the application would likely include job description, resume, and supporting letter from the employer.
E2 Specialist or Essential Skilled Workers:
This is a good way of employing highly skilled level people over in the US. You should demonstrate that:
- The employee has specialized knowledge of the business which may be difficult to find in the US.
- The employee is necessary for the running of the principal trader or investor’s business in the USA.
Note that, depending on nationality, a ‘visa issuance fee’ of $105 is often required in addition to the usual visa application fee for E visas.
Family and dependents of E2 visa holders
Spouses and dependents of E2 visa workers are can also apply for E2 visas and will normally be granted the same period of stay as the principal E2 visa holder. E2 spouses and dependents do not need to be the same nationality as the principle applicant.
Spouses are allowed to work. However, it is probably advisable to apply for work authorization. Children under the age of 21 can study but unfortunately are not allowed to work under the E2 Treaty Investor visa category. Children after reaching the age of 21 years of age under E2 visa status will need to find some other US visa category to be able to stay in the US.
Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee.
As discussed above, the E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status and apply for an extension of stay before their own validity expires.
Summarizing
On E-2 visa, you may:
- Work legally in the company that is the investment vehicle in the U.S.
- Travel freely in and out of the U.S.
- Stay on a prolonged basis with unlimited two-year extensions as long as you maintain E-2 qualifications
- Be accompanied by your dependents under 21, relatives and spouse. Your spouse may also work while in the U.S. while your dependents may attend U.S. schools, colleges, and universities, and do not have to apply for separate student visa.
However, disadvantages are as follows:
- E2 visas are available only to nationals of countries having investment treaties with the U.S.
- You are restricted to work only for the specific employer or self-owned business that acted as your E2 visa sponsor
- E2 visas are approved for two years at a time which makes the application/extension process slow.
Key E2 Visa Requirements for Investors to Qualify:
The E2 visa minimum investment requirement is that you invest in a bona fide enterprise. A bona fide enterprise is defined by the immigration authorities as “a real, active commercial or entrepreneurial undertaking which produces services or goods for profit”.
Some of the evidence you may submit to demonstrate that your business is bona fide includes:
Notice of assignment of an Employer Identification Number from the Internal Revenue Service (IRS), tax returns, financial statements, quarterly wage reports or payroll summaries (i.e., W-2s and W-3), business organizational chart, business licenses, bank statements, utility bills, and advertisements/telephone directory listings, contracts or customer/vendor agreements, escrow documents and lease agreement.