Investor Green Card
E Visas
According to U.S. immigration law, nationals of nations with qualifying treaties of commerce and navigation with the United States may be granted E visas. Among these qualifying treaties are bilateral investment agreements and treaties of friendship, commerce, and navigation (FCNs) (BITs). A person must possess at least 50% of the company in order to be eligible for a Treaty Trader/Investor visa, in addition to being a citizen of the treaty country.
Two Types: Treaty Trader Visa (E-1) & Treaty Investor Visa (E-2)
Treaty citizens entering the U.S. for significant international trade may qualify for the Treaty Trader visa (E-1). Eligibility requires being a treaty trader, essential employee in a managerial or executive role, or possessing highly specialized skills crucial for the company’s success. Skilled or unskilled workers are not eligible. For the Treaty Investor visa (E-2), a treaty national or their entity, planning to develop and oversee an enterprise with substantial capital investment, is eligible. If not the primary investor, the applicant must be an essential employee holding a supervisory, executive, or highly specialized skill position.
To qualify for an E-1 visa, trade must meet three criteria: it must involve a genuine exchange of qualifying commodities or services, have a global scope, and include qualifying activities. The exchange must be real and substantial, with more than half of the international trade conducted by the treaty trader being between the U.S. and the treaty country of the foreign national’s nationality.
There is no clear cut definition of what would qualify as a “substantial” amount of capital for the purposes of the E-2 visa. There is no predetermined minimum investment required to be deemed large. A newly established business’s actual start-up costs are what it actually takes to get it up and running. According to the U.S. Department of State, the costs of investing in a business can vary greatly depending on the type of business: buying a factory can cost many millions of dollars, but starting a small consulting firm only costs a fraction of that. permitted.
A marginal enterprise is one that cannot currently or in the future produce enough revenue to support the single investor and his or her family on more than a subsistence level. A business that lacks the ability to earn such income but has the potential to contribute significantly to the economy in the present or the future is not a marginal business. The anticipated future capacity should typically be attainable within five years on the date the foreigner starts the enterprise’s regular business operations.
E visas offer advantages over other nonimmigrant visas. Unlike the L-1 visa, there’s no requirement to establish a branch, subsidiary, or parent of a foreign firm in the U.S. The E visa category has fewer government controls compared to H-1B, with no prevailing wage, labor condition application attestation, or public access file requirements. There’s no initial or extension limit on E visas, and both E-1 and E-2 visa holders usually get a two-year stay, renewable indefinitely. Companions, including spouses and unmarried children under 21, can also work, and they aren’t required to share the same nationality as the investor or employee in the agreement. However, all E nonimmigrants must maintain the intent to leave the country after status expiration or cancellation.
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