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E-1/E-2:
TREATY TRADERS AND TREATY INVESTOR
E visas are utilized by investor owned or
multinational U.S. companies. It is only available for
countries which the U.S. has a Treaty of Trade &
Commerce.
To qualify as an E-1 trader, a foreign
business person must enter the U.S. to carry on
“substantial trade in goods or services in capacities
supervisory or executive or involves essential skills”. Trade
must be an international exchange (negotiated contracts
binding parties) of trade items between the U.S. and treaty
countries.
To qualify as an E-2 investor, the
individual must develop and direct the operations of an
enterprise in which he or she has invested, or is actively
involved in the process of investing, a substantial amount
of capital.
E-2 visas require investments not be
marginal (i.e. not sole means of support), goals of
investments are to support U.S. workers, and E-2
visa holders have ability to support family
members. E-1 and E-2 holders
must establish they will leave the U.S. upon the end of
status.
Application
Procedures:
Applications are made at U.S. Consulates in foreign
countries. U.S. consuls specializing in E visas conduct an
interview. Applications may be made in the U.S. to change
status to that of E-1 or E-2,
but if travel is required new applications have to be made
at the consulate.
Dependents:
A spouse and unmarried minor children (under 21) are
eligible for E visa status and can enter
the U.S. Spouses may apply for permission to work or attend
school upon entry to the U.S. Duration: E visas are issued
for 5-years. Visa duration for new businesses are
granted for shorter durations of 1-2 years. Traders and
investors can obtain E status indefinitely
as long as businesses are viable and comply with applicable
law. |
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