E Visas to the U.S. for Investors and Traders
Klarfeld Law Offices can help Investors and Import/Export Companies trading with the U.S. to obtain E1 Treaty Trader or E1 Treaty Investor work visas to the U.S. for the Owners, Investors, and Employees
There are one or two types of U.S. “E” Visas available to the citizens of many countries of the world who have signed either mutual Trade and/or Investment Treaties with the United States. A third type of E Visa is available to Australian Citizens only. Some countries have a Trade Treaty with the U.S., some countries have an Investment Treaty with the U.S., some countries have neither and some countries have both. Australia has both, and they have an additional E Visa category based on a Treaty unique to the U.S. and Australia.
Israeli Citizens and Businesses are currently eligible only for the E1 Treaty Trader category.
Citizens of E1 Treaty Countries who are (non-U.S.) Employers and who wish to send an Employee of the same nationality to the U.S. to develop and manage their trade interests, may do so if they can demonstrate to the satisfaction of the U.S. Consular Section evidence of significant and continuous trade with the U.S. comprising at least 50% of the business’s international trade.
An E1 visa allows a citizen of a foreign country, who has met the visa requirements and been found qualified and eligible for the visa, to temporarily reside in the United States and to work for the petitioning employer, according to the terms of his or her visa.
E1 Visa Employees must demonstrate that there is no immigrant intent and that an E1 Visa Employee will depart the U.S. upon concluding his or her business and before the E visa expires.
Extensions for the E1 Visa can be requested as long as the Employer and Employee continue to maintain the E Visa conditions under the statute.
In this category, either a Foreign Treaty Trader Country Employer who qualifies for E1 status or a qualifying U.S. Employer /Business showing at least 50% ownership by a citizen or citizens of a Treaty Trader Country may apply for an E1 Visa on behalf of an employee who is a citizen of the same Treaty Trader Country.
Citizens of E2 Treaty Investor Countries are eligible for E2 Treaty Investor status if they can demonstrate that they have made a significant investment in the U.S. and they are requesting the E2 Visa so that they can enter and remain in the U.S. to Manage and Develop their Investment.
As in the case of E1 Treaty Trader Visas, the Owner and any Employee applying for the E2 Visa, must be a Citizen of the Treaty Investor Country. Furthermore the visa can be extended almost indefinitely as long as the Investor and/or Employee qualifies, but they may not demonstrate immigrant intent.
The Statutes do not specify what amount of trade or how great an investment must be made in order to qualify for the E Visa. In the former case the trade must be substantial and continuous (a single sale of a private jet will not likely qualify, but numerous transactions of thousands of dollars a month might). In the latter case, the must be significant and at risk and it must not be marginal (i.e. the investment must contemplate employees and not just generate income for the purpose of maintaining the Investor and his household only.
With the exception of U.K. Citizens, who must demonstrate that they reside in the U.K. when applying for the E2 Visa, all other Citizens of Investor Treaty countries may generally file their applications with any U.S. Consulate that adjudicates E2 Visas.