E-1 Treader visa:

Issued to foreign nationals who wish to enter the United States in order to engage in a “substantial trade” between their country of origin and the United States. The trade refers to the international exchange of goods, services, money, and technology.

The E-1 Visa has a few requirements:

• You must be a citizen of a treaty country.
• The trading firm for which you plan to come to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise.
• The international trade must be substantial, meaning that there is a sizable and continuing volume of trade.
• More than 50 percent of the international trade involved must be between the United States and the treaty country.
• Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
• You must be an essential employee, employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

E-2 Investor Visa:

E-2 visas permit foreign nationals to enter the United States in order to direct and develop a commercial enterprise or business in which they have invested or are in the process of investing, a substantial amount of money or capital. Foreign nationals wishing to obtain E-2 visas must be a citizen of a country with which the U.S. has a treaty of commerce.

Although there is no specific dollar amount required under U.S. immigration laws, the investment must be “substantial” and cannot be marginal. An investor can also buy an existing business or create a new business in the U.S.

The E-2 Visa has a few requirements:

• The investor, either a real or corporate person, must be a national of a treaty country;
• The investment must be substantial.
• It must be sufficient to ensure the successful operation of the enterprise.
• The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;
• The investment must be a real operating enterprise.
• Speculative or idle investment does not qualify.
• Uncommitted funds in a bank account or similar security are not considered an investment;
• The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;
• The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed; and
• The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Please contact our firm if you have any questions.

[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]
 

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