The E Visa category of Visas are non-immigrant visas and are divided into two categories: the E-1 Treaty Trader Visa and the E-2 Treaty Investor Visa.
These two visas are similar in requirements, and are distinguished mostly in that the E-1 Visa deals primarily with Substantial Trade and the E-2 Visa deals primarily with Substantial Investment.
The E-1 Treaty Trader visa is designed for both owners and key employees of the same nationality as the owners of the company who plan to enter the United States solely to carry on international trade principally between the U.
S.
and their country of nationality.
The international trade can fall under the following types of businesses (but are not limited to these): • Good and services • International banking • Insurance • Transportation • Tourism, and • Technology Some of the qualifications for the E-1 Visa are as follows: 1.
There must be a treaty between the U.
S.
and the country of which the applicant is a national.
2.
At least 50% of the stock of the petitioning company must be owned by nationals of the foreign country of the applicant.
3.
The qualifying foreign applicant will enter solely to carry on substantial trade, international in scope, principally between the U.
S.
and the applicant country.
4.
Visas for key employees require that the employees have the same nationality as the foreign owner and qualify as executives and supervisors or persons whose services are essential to the efficient operation of the enterprise.
5.
The trade must be substantial in volume, and the trade must have already been established, and principally between the United States and the foreign country.
"Substantiality" is primarily determined by the volume of ongoing transactions over an extended period of time.
The E-2 Treaty Investor Visa is designed for both owners and key employees from treaty countries whose owner plans to enter the U.
S.
solely to develop and direct the operations of an enterprise in which the alien has invested, or is actively in the process of investing, a substantial amount of capital in a bona fide enterprise.
1.
There must be a treaty between the U.
S.
and the country of which the applicant is a national.
2.
At least 50% of the stock of the petitioning company must be owned by nationals of the foreign country of the applicant.
3.
The qualifying foreign applicant will enter solely to develop and direct the operations of a business in which the applicant has already invested or irrevocably committed to invest substantial capital.
4.
The applicant must have a controlling interest in the business by either owning at least 50% of the stock or by having operational control through a managerial position.
5.
Visas for key employees require that the employees have the same nationality as the foreign owner and qualify as executives and supervisors or persons whose services are essential to the efficient operation of the enterprise.
6.
The investment must be substantial and not be marginal.
In other words, the investment must demonstrate the capacity to generate more than a minimal living for the investor and family.
Some of the benefits of being an E-1 or E-2 Visa holder include: 1.
You can work legally in the U.
S.
for a U.
S.
company for an unlimited amount of time, so long as you maintain E-1 or E-2 status.
This visa can be indefinitely extended by renewal on an ongoing basis.
2.
You can travel in and out of the U.
S.
freely.
3.
Your spouse and dependent children under the age of 21 may enter the United States, and if so desired, your spouse can also work in the United States.
Remember to consult with a licensed immigration attorney that is intimately familiar with the complexities associated with immigration law.