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TREATY TRADERS & INVESTORS (E-1 / E-2 VISAS)
The E-1 / E-2 visas are non-immigrant
long term visas granted to an alien who is a national
of a country with which the United States maintains
a treaty of commerce, and who wishes to invest in
the U.S. or carry on substantial trade between the
U.S. and his/her country. Such an applicant is known
as a Treaty Foreign National (TFN).
E-1 VISA
Countries with Treaties for E-1 Visas
Argentina, Aruba, Australia, Austria, Belgium, Bolivia,
Bosnia and Herzegovina, Brunei, Canada, China (Taiwan),
Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia,
Finland, France, Germany, Gibraltar, Greece, Honduras,
Iran, Ireland, Israel, Italy, Japan, Korea, Latvia,
Liberia, Luxembourg, Macedonia, Mexico, Netherlands,
Netherlands Antilles, Norway, Oman, Pakistan, Paraguay,
Philippines, Poland, Serbia Montenegra, Slovenia,
Spain, Suriname, Sweden, Switzerland, Thailand, Togo,
Turkey, United Kingdom, Yugoslavia, Wallis & Futura
Islands, Western Sahara.
An E-1 visa is granted to an alien
seeking entry into the U.S. under the following conditions:
i) he/she must carry out ‘substantial
trade’ defined as the ‘exchange, purchase
or sale of goods and/or services’. Goods may
be tangible commodities or merchandise having intrinsic
value. Services are economic activities whose outputs
are other than tangible goods. Such service activities
include but are not limited to banking, insurance,
design and engineering, transportation, communications
and data processing, advertising, accounting, management
consulting, tourism and technology transfer.
ii) the trade must be principally
(i.e. more than 50%) between the U.S. and the applicant’s
country.
iii) the applicant must have the
nationality of a country that belongs to the treaty.
iv) the trade is already in existence.
v) the applicant must be in an executive
or managerial position or have special skills relating
to that field.
vi) the applicant confirms that he/she
intends to depart the United States when the E-1 status
ends.
E-2 VISA
Countries with Treaties for E-2 Visas
Albania, Argentina, Armenia, Aruba, Australia, Austria,
Azerbaijan, Bangladesh, Belarus, Belgium, Bosnia and
Herzegovina, Bulgaria, Cameroon, Canada, China (Taiwan),
Colombia, Congo (Brazzaville), Congo (Democratic Rep.
of the), Congo (Rep.), (Kinshasa), Costa Rica, Croatia,
Czech Republic, Ecuador, Egypt, Estonia, Ethiopia,
Finland, France, Georgia, Germany, Gibraltar, Grenada,
Haiti, Honduras, Iran, Ireland, Italy, Jamaica, Japan,
Jordan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia,
Lithuania, Luxembourg, Macedonia, Mexico, Moldavia,
Mongolia, Morocco, Mozambique, Netherlands, Netherlands
Antilles, Norway, Oman, Pakistan, Panama, Paraguay,
Philippines, Poland, Romania, Russian Fed., Senegal,
Serbia Montenegra, Slovakia, Slovenia, Spain, Sri
Lanka, Surinam, Sweden, Switzerland, Thailand, Togo,
Trinidad & Tobago, Tunisia, Turkey, Ukraine, United
Kingdom, Uzbekistan, Yugoslavia, Wallis & Futura
Islands, Western Sahara
An E-2 visa is granted to
an alien seeking entry into the U.S. under the following
conditions:
i) he/she wishes to ‘develop
and direct operations of an enterprise in which he/she
has invested or is actively in the process of investing
a substantial amount of capital’.
ii) the investment must be substantial,
i.e. the amount must be enough to establish or purchase
an ongoing business. In addition, there are certain
proportionality tests that have to be met. This requires
the alien to invest from 100%(in cases where the business
enterprise costs less than $75,000/-) to 50%(in cases
where the business enterprise costs more than $500,000/-).
iii) the funds must be ‘at
risk’, i.e. must be applicant’s own personal
funds and not belong to a third party, and collateral
for a loan must be signed on a personal basis by him/her.
iv) the applicant must have the nationality
of a country that belongs to the treaty.
v) the investment must be in a real
and operating commercial enterprise that is already
in existence, or he/she is actively in the process
of establishing.
vi) the investment is not marginal,
i.e. the applicant must have an outside source of
income, other than the money he/she has invested in
the said enterprise, to enable him/her to sustain
him/herself during the first few years of the investment.
vii) the applicant must be able to
operate and manage the business or have special skills
relating to that field.
viii) the applicant confirms that
he/she intends to depart the United States when the
E-2 status ends.
General Information
Persons holding an ‘E’ visa may reside
in the United States as long as they continue to maintain
their status with the enterprise. This means that
the visa may be renewed indefinitely as long as the
trade or investment is in effect.
Persons holding an ‘E’
visa may bring their immediate family to reside with
them in the U.S. and the children may attend school
or university without having to obtain a separate
visa.
Work Authorization for Spouses
The President has signed into law a new immigration
bill H.R. 2277. This will allow spouses of E visa
holders to work while they are in the United States.
Currently, spouses are allowed to accompany the principal
visa holder for the length of their assignment, but
are banned from working. The new rule will come as
a welcome measure to many as most families depend
on a dual income.
Click
here to read guidance on application of work authorization.
Related Links:
- Required
Documentation for Treaty Traders & Investors
- Bill To
Allow ‘L’ And ‘E’ Dependents
To Work
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