Treaty Traders and Treaty Investors
The E-Visa, what is it?
Allows temporary entry and a work permit to a trader or investor when a treaty exists between the U.S. and the home country of the applicant. This treaty has to be one of commerce and navigation or bilateral investment. Capriotti & Associates maintains a current list of countries which have such a treaty with the U.S. An E-visa can be used by either the applicant company's principals or its employees.
There are 2 types of treaty visas, the E-1 trader visa and the E-2 investment visa. Both of these require:
- A treaty between the U.S. and the alien's home country.
- Majority ownership/control of the trading or investing company held by nationals of the treaty country.
- Each employee or principal of the company applying for the E-visa to hold citizenship of the treaty country.
Benefits of an E-Visa
- The period of stay can be extended almost indefinitely as long as the alien affirms that he/she will leave the U.S. when the period of authorized stay ends.
- The alien does not need to maintain a foreign residence.
- Spouse and children can enter on the same E-visa as the alien.
E-1 Treaty Trader Visa requirements
- Must be engaged in trade prior to application for treaty trader status. Trade means the exchange, purchase, or sale of goods or services.
- Trade must be substantial. Factors include volume of trade, number of transactions, and continued course of trade.
- Trade must be principally (more than 1/2) between the U.S. and the treaty country.
- Employee or principal applying for the E-1 visa must serve the company in either a management role, or involve skills essential to operation of the enterprise.
E-2 Treaty Investor Visa requirements
- Investor must make an irrevocable commitment of funds in which he/she is personally at risk.
- The investment must be substantial - either proportional to the total value of the enterprise or be an amount considered necessary to establish the enterprise.
- Investment income must not be solely for earning a living for the investor and his/her family.
- Investor must be responsible for development and direction of the investment.
- Employees of the investor also qualify for E-2 status, if they are in a managerial role or have special skills.
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Immigration · Nationality · Consular Process
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