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E-1 & E-2 Treaty Investor and trader Work Visas
Treaties between the U.S. and many countries allow foreign nationals to come to the U.S. to conduct trade or to manage substantial investments. The U.K. and U.S. have a long-standing "treaty of friendship and commerce" which does enable citizens of the U.K. to apply for E-1 or E-2 status accordingly. E-1 status is accorded to applicants who conduct substantial trade with the U.S.. E-2 status is accorded to applicants who have, or who are in the process of, investing a substantial amount of money in a new or existing U.S. business.
Who Qualifies for an E-1 Treaty Trader Visa?
A person may be issued an E-1 Treaty Trader Visa if:
- The individual or the firm has the nationality of the treaty country (at least half of the company must be owned by nationals of the treaty country)
- There must be substantial trade (more than fifty 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
Who Qualifies for an E-2 Treaty Investor Visa?
A person may be issued an E-2 Treaty Investor Visa if:
- The individual or the firm 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 $200,000 at risk) in a business in the U.S.
- 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 individual’s sole income source
Countries with Treaties for E-1 Visas
Argentina, Australia, Austria, Belgium, Bolivia, Brunei (Borneo), Canada, China (Taiwan only), Colombia, Costa Rica, Denmark, Estonia, Ethiopia, Finland, France, Federal Republic of Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom and Yugoslavia.
Countries with Treaties for E-2 Visas
Argentina, Australia, Austria, Bangladesh, Belgium, Cameroon, Canada, China (Taiwan only), Colombia, Costa Rica, Ethiopia, France, Federal Republic of Germany, Grenada, Honduras, Iran, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Senegal, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Yugoslavia and Zaire.
Application Process
Both the E-1 and E-2 visa application categories are extremely complex. Siskinds will assist the client with the preparation of detailed business plans and can provide counsel to clients respecting the viability of their case from the outset. Siskinds can also assist with the basic organization of the business in the United States.
Applications for either E-1 or E-2 status can take up to 6 months to process through the American Embassy in London. Following initial screening of the application, an interview is conducted at the Embassy.
Before an individual can apply for an E-1 or E-2 visa, the company in the United States where he or she will work must become E-1 or E-2 qualified. An initial request to qualify the U.S. company for E-1 or E-2 status must be filed together with at least one individual's E-1 or E-2 application at the Embassy. Once the company is E-1 or E-2 qualified, any nationals of the treaty country who will work for the qualified U.S. entity may apply for E-1 or E-2 visas accordingly.
Once the company is E-1 or E-2 qualified, an individual who is a national of the treaty country can apply for an E-1 or E-2 visa if he or she is coming to work as an executive or supervisor, or an essential employee. The individual does not have to be employed by the company abroad in order to qualify for E-1 or E-2 status.
E-1 and E-2 visas can be issued for up to five years and are renewable indefinitely as long as the company and the individual continues to qualify for E-1 or E-2 status. Upon each entry to the United States, E-1 and E-2 visa holders are generally granted two years of E status on Form I-94 as long as the E-1 or E-2 visa is valid at the time of entry.
Spouses and dependent children under 21 of E-1 or E-2 visa recipients are also eligible for E-1 or E-2 dependent visas. Moreover, E spouses are eligible to apply for employment authorization after they enter the United States.
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