E-1 and E-2 nonimmigrant work visas are available to citizens of foreign countries that have a treaty of commerce and navigation, or a bilateral investment treaty providing for nonimmigrant entries, with the United States.
E-1 (“Treaty Trader”) visa is designed for alien business owners, business managers, and employees who are required to stay in the U.S. for periods of time to oversee or work for an enterprise that is engaged in trade between the U.S. and the treaty country. The E-2 (“Treaty Investors”) visa is designed for an alien who is a citizen or national of a treaty country and who wishes to enter the U.S. solely to develop and direct the operation of an enterprise in which he or she has invested, or is in the process of investing a substantial amount of capital.
Bilateral Investment Treaties (BIT) allow for E-2 Treaty Investor status only, whereby Free Trade Agreements (including NAFTA/Fast Track) allow for both E-1 and E-2 visas depending on the alien’s country of citizenship.
A treaty between the United States and the foreign country, majority of ownership or control of the investing or trading company and citizenship of the foreign country will make you eligible for an E status.
Your dependent spouse and children under 21 can join you in the U.S.. Spouse of E Investor or Trader will be issued an E dependent visa which can allow the spouse to apply for work authorization based on their E dependent visa.
Children under 21 of the E Investor or Trader will also be issued an E dependent visa and are be able to attend school of their choice but do not qualify for a work visa. Children who are over 21 or reach the age of 21 while under their dependent visa must then qualify and apply for a different visa if they wish to stay within the United states.
If the business is struggling, barely successful or fails, an E Investor or Trader visa renewal is generally denied. The visa holder then must leave the United States even if the allotted 2 years have not expired.
The E Investor or Trader visas does NOT lead to permanent residency nor does it provide a qualifying basis. Therefor the visa holder does not enjoy the benefits of permanent residents. If the business fails or closes, the Investor or Trader must apply for another visa if they wish to stay in the country.
The Services We Offer:
Draft highly detailed business plans that dovetails every aspect of the business operation and have clear strategies to defend the feasibility of the plan even before USCIS’ challenges arise
Pre-submission due diligence and checking to ensure consistency among documents
Adequate explanation of the business necessity and rationale for adopting certain operational practices or methodologies