E-1 Treaty Traders and E-2 Treaty Investors
E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). Thus, citizens of some countries are only eligible for either E-1 or E-2 status while others qualify for both. E-1 Treaty Traders must be coming to the U.S. solely to carry on substantial trade, principally between the U.S. and their country of nationality. E-2 Treaty Investors must be coming solely to develop and direct an enterprise in which they have invested, or are actively in the process of investing, a substantial amount of capital. E-1 and E-2 nonimmigrants need not prove that they have a residence abroad that they do not intend to abandon. E visa status allows for self-employment or for employment by a qualifying person or enterprise. Contact Philip M. Levin to learn how we can help with your E-1 or E-2 case. Mr. Levin is a recognized E-1/E-2 expert. For many years, he has mentored other American Immigration Lawyers Association (AILA) attorneys in this specialized field of immigration law.
Establishing Eligibility for E-1 Treaty Trader Status
If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. Our attorneys can help you navigate the complex rules and regulations required to qualify for E-1 status.
Qualifying for E-2 Treaty Investor Status
The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. The investment must be substantial and the business is required to undertake regular operations. The Treaty Investor’s own capital must be placed at risk in the U.S. enterprise.
With additional documentation and conditions, key managerial and professional employees of the investor may also be allowed to enter under E-2 visas.
Extending E-1 and E-2 Status
The length of stay under the E-1 and E-2 visa categories is essentially open ended, with initial status of two (2) to five (5) years. Periodic reapplication might also be required to show that the trade or investment activity is genuine, continuous and ongoing.
PL&A has assisted traders, investors and entrepreneurs from all over the world in such industries as restaurants, specialty food imports, high technology, design, and health care to procure trader and investor visas. For experienced and dependable assistance with your E-1 or E-2 visa application, contact one of our lawyers.