E-1 Treaty Trader Visa:

The E-1 visa is designed for nationals of a “treaty trader” country who wish to enter the United States to engage in significant trade primarily between the U.S. and their home country. This visa can also be obtained by key employees of such businesses. Key factors for eligibility include:

1. Nationality: The applicant must be a national of a country that has an E-1 treaty with the United States.
2. Ownership of the Business: At least 50% of the business must be owned by nationals of the treaty country. If one of the owners is a lawful permanent resident of the U.S., their ownership is not considered foreign, even if they are a citizen of a qualifying country.
3. Role in the Company: The applicant must either own at least 50% of the business or be a key employee, such as an executive or someone with essential skills crucial to the enterprise.
4. Substantial Trade: The company must engage in substantial trade, defined as over 50% of its trade occurring between the U.S. and the treaty country. Although there is no specific dollar amount required, a trade volume of at least $200,000 per year is generally considered the minimum. The trade should also occur at regular intervals.

To determine if the applicant’s country is eligible, one must refer to Volume 9 of the Foreign Affairs Manual, section 41.51, Ex. 1.

When Can I Obtain an E-1 Visa?

Unlike H-1B visas, there is no annual cap on the number of E-1 visas that can be issued, meaning it can be obtained at any time of the year. Premium processing is available, which ensures the petition is processed within 15 calendar days.

What Are the Advantages and Limitations of an E-1 Visa?

Advantages:

• No Educational Requirement: Unlike the H-1B visa, the E-1 does not require any specific educational background.
• Flexible Travel: E-1 visa holders can travel in and out of the U.S. freely or remain in the U.S. continuously until the visa expires.
• Long-Term Viability: The E-1 visa can initially be valid for up to five years, with the possibility of two-year extensions. Unlike other work visas, the E-1 can be extended indefinitely, making it a favorable option for long-term stays in the U.S.

Limitations:

• Semi-Dual Intent: The E-1 visa is considered a “semi-dual intent” visa. While the U.S. Citizenship and Immigration Service (USCIS) may allow extensions even if a green card petition is pending, the Department of State does not view it as a dual intent visa. This means obtaining an E-1 visa from a U.S. consulate or embassy might be challenging if a green card petition is already in progress.
• Dependent Work Authorization: Dependents of E-1 visa holders in the U.S. are not eligible for work authorization.

What is the Attorney’s Role in an E-1 Application?

Securing an E-1 visa can be complex and time-consuming, particularly when it comes to proving “substantial trade,” especially if the trade volume is not particularly high. In such cases, a persuasive argument must be made that the trade is significant within the context of the specific business. Additionally, understanding the documentation requirements and formatting expectations of the immigration service or consulate is crucial to avoid rejection. An attorney’s expertise is essential in navigating these challenges and ensuring a successful application.

6(b)(6) E-2 Treaty Investor:

What is an E-2 Visa and Who Qualifies?

The E-2 visa is available to nationals of countries that have an “investor treaty” with the United States. It is designed for individuals who wish to enter the U.S. to direct and manage an enterprise in which they have made or are actively making a significant capital investment. This visa can also be extended to key employees of the business. The key eligibility criteria include:

1. Nationality: The applicant must be a national of a country that has an E-2 treaty with the U.S.
2. Ownership of the Business: At least 50% of the U.S. business must be owned by nationals of the treaty country. If one of the owners is a U.S. lawful permanent resident, their ownership is not considered foreign, even if they are a citizen of a qualifying treaty country.
3. Role in the Company: The applicant must either own at least 50% of the business or be a key employee, such as an executive or an individual with essential skills critical to the enterprise.
4. Substantial Investment: The investment must be substantial, though regulations do not define this term precisely. It should be sufficient to support the business’s operations and produce a return greater than just income for the investor and their family. Factors to consider include the dollar amount invested (with $200,000 generally considered a safe minimum, though some visas have been granted with investments as low as $50,000), the investment’s sufficiency to capitalize the business, and the investment’s capacity to create more than marginal employment (i.e., jobs beyond just for the investor).

To verify if the applicant’s country qualifies, one should refer to Volume 9 of the Foreign Affairs Manual, section 41.51, Ex. 1.

When Can I Obtain an E-2 Visa?

Unlike H-1B visas, there is no annual cap on the number of E-2 visas that can be issued, meaning they are available year-round. Premium processing is also available, which guarantees processing within 15 calendar days.

What Are the Advantages and Limitations of an E-2 Visa?

Advantages:

• No Educational Requirement: Unlike the H-1B visa, the E-2 does not require any specific educational qualifications.
• Flexible Travel: E-2 visa holders can freely travel in and out of the U.S. or remain in the country continuously until the visa expires.
• Long-Term Viability: The E-2 visa can initially be valid for up to five years, with the possibility of two-year extensions. It can be extended indefinitely, making it a favorable option for long-term stays in the U.S. Some consider it almost equivalent to holding green card status.

Limitations:

• Semi-Dual Intent: The E-2 visa is considered a “semi-dual intent” visa. The Department of State does not recognize it as a dual intent visa, which can make obtaining the visa from a U.S. consulate or embassy difficult if a green card petition is pending. However, the U.S. Citizenship and Immigration Service (USCIS) does recognize E-2 as dual intent, allowing for status extensions in the U.S. even if a green card petition is in progress.
• Dependent Work Authorization: Dependents of E-2 visa holders in the U.S. are not eligible for work authorization.

What is the Attorney’s Role in an E-2 Application?

Applying for an E-2 visa can be complex and time-consuming, particularly when it comes to proving the investment is substantial. If the investment amount is relatively low, a strong case must be made that the investment is significant in the context of the specific business. Additionally, understanding the specific documentation and formatting requirements expected by the immigration service or consulate is crucial to avoid rejection. An attorney’s expertise is essential in navigating these challenges and ensuring a successful application.