FAQ

Overview

An E-1 Visa is available for foreign nationals who wish to live in the U.S. based on international trade that exists between the U.S. and the Treaty Country.

Requirements and Eligibility of E-1 Visa

There are 3 key requirements for the E-1 Trader Visa:

You Must Be a National of a Treaty Country - The E-1 Trader Visa is only available to people from the countries with which the U.S. has a Treaty.

2. You Must Carry On Substantial Trade of Goods or Services between the Treaty Country and the U.S.

In order to satisfy this part of the test, you must fulfill the following requirements.

Substantial is not defined in the statute but the higher the volume of trade (in terms of number of transactions) and dollar value the better.

Sustained trade over $100,000. Trade under $100,000 would generally be too low and the trade should be sustained over a period of time (usually at least a year but shorter times could be considered).

Trade must be ongoing. As such, normally only existing businesses will qualify.

The trade between the Treaty Country and the U.S. must represent at least 50% of the total international trade of your business.

Must be able to produce extensive documentation regarding the trade that has occurred over a period of time.

3. You must intend to return to your Home Country after your E-1 visa expires.

Application Process

You can apply for an E-1 Trader Visa one of 2 ways:

1.Applying for an E-1 Visa While in the U.S. (in E-1 Status)

If you are currently in the U.S. on a different type of visa, you can file a petition to change your status to a “in E-1 status” with the United States Citizen and Immigration Services (USCIS). This petition is document-intensive, and you must provide documentation to support all of the elements outlined in the E-1 visa requirements. It is important to note that the change of status does NOT permit you to reenter the country the way an E-1 visa would. E-1 status is typically granted for a 2-year period. Finally, if you have dependents on your visa that are also in the U.S. (e.g. H-4) and you want to change their status, you must also file for this separately. Note: If you leave the U.S. while in E-1 Status you will need to re-apply for the E-1 status before being granted entry.

2. Applying for an E-1 Visa at a Consulate (Obtaining an E-1 Visa)

If you are outside of the U.S., you must file your petition online at the consulate’s website. E-1 visas are typically granted for between 2 & 5 years, and you are permitted to leave and enter the U.S. whenever you like. If you have dependents, separate applications must be completed for them.

How are family members treated?
E-1 Treaty Traders can get an E-1 derivative visa for the spouse and children under 21. The spouse can get work authorization but the children cannot. All parties may attend school in the U.S..

Here are the top E-1 visa questions and answers:

Overview

An E-2 Visa is a Visa Classification that is available for foreign nationals who wish to live (and work/run their businesses) in the U.S. and are actively involved in developing and directing the operations of a business. As of today, the E2 visa is NOT a direct path to a Green Card, however there are ways to pave the path to a Green Card for E2 visa holders.

Requirements & Eligibility

There are 6 key requirements for the E-2 Visa:

1. You Must Be a National of a Treaty Country - The E-2 Investor Visa is only available to people from the countries with which the U.S. has a Treaty.

2. You Must Have Invested or Be Actively in the Process of Investing in the Enterprise - This involves these 3 requirements:

a) Show Legitimate Possession and Control of the Funds

You must invest funds that you have obtained by lawful means and you must be able to provide a paper trail to the government showing that you either received the funds as a gift, we able to save the funds or legitimately earned the money. There are various forms of proof that will satisfy this requirement including tax returns, bank statements, investment accounts, and more.

b) All Funds Invested Must Be “At Risk” and Irrevocably Committed

All of the assets invested must be personal assets subject to risk of loss. You must personally be “on the hook” for repayment of any funds borrowed or credit card debt incurred for any requirement that forces you to sign contracts and/or spend money prior to the approval of the Visa. The “risk” must be personal (not on behalf of a corporate entity/business)

c) You Should be About to Start or have Already Started the Business

While you cannot accept money from clients or “do business” until the Visa is approved, your business must be at the “start up ready phase” (lease signed, business bank account set up, materials purchased).

3. You Must Be in a Position to “Develop & Direct” the Business With Skills

You cannot get the E-2 Visa unless you are the one that is going to direct and run the business. The U.S. government will expect to see that your educational background or personal experience with the business qualifies you to “Develop and Direct” a successful business.

4. Your Investment Must Be Substantial

The U.S. government does not have a predetermined amount that they consider substantial and considers each application on a case-by-case basis. It is worth noting that idle cash sitting in a business account is NOT considered an investment, but the government will consider a reasonable amount of working capital as part of an investment. For example, Lauren uses the threshold of a $100,000 investment as a rule of thumb.

5. Your Investment & Business Cannot Be Marginal

Your business plan must show a good rate of expected growth over a 5-year period or by showing that you plan to hire employees in the future and improve the welfare of the community.

6. You Must Intend to Return to Your Home Country After Expiration of the E-2 Visa

This is not a difficult test to meet because the requirement is only that you must do is sign a document that indicates you plan to return home once your visa expires. Unlike many other visas, you do not have to show any financial ties to your home country.

Here are the top L-1 visa questions and answers:

Requirements for Application

1) There must be a qualifying relationship between the U.S. and foreign entities (parent company, sister organization, branch office, or subsidiary); 2) The U.S. organization must currently, or will soon be conducting business as an employer in both the U.S. and one other country for the duration of the visa beneficiary’s stay in the U.S.; 3) The alien must have been working for a qualifying foreign entity in a managerial, executive, or specialized knowledge capacity for at least one continuous year within the three consecutive years prior to entering the U.S.; and 4) The employee must intend to provide the qualified U.S. entity with similar executive, managerial, or specialized knowledge services as he or she provided the foreign entity.

Application Process

The petition must be submitted to USCIS by the U.S. entity (or foreign entity, if establishing a new office). In order for the application to be successful, petitioning employers must collect and provide the following documentation to UCSIC:

A completed I-129 Petition Form for all Nonimmigrant Worker visas, along with the L Supplement (https://www.uscis.gov/i-129);

A letter from the U.S. employer confirming that the beneficiary will be employed by them in a qualified capacity in the U.S.;

Documentation evidencing a qualifying relationship between the U.S. and foreign business entities, such as a statement by an authorized official describing relationship of ownership and control between the companies;

Documentation that shows the parent company and its subsidiaries, such as Securities and Exchange Commission filings;

Additional evidence of ownership, such as tax returns and records of stock ownership;

Financial viability, if the beneficiary is entering the U.S. to establish a new office or branch;

A letter signed by an authorized official detailing the employee’s qualifications to work in the U.S. in a managerial, executive, or specialized knowledge capacity. This includes the job duties, level of authority, as well as salary and dates of employment with the foreign entity; andSubmit the required fees.

Estimated Timeframe

Once all the required documentation has been turned in to USCIS, the application process time averages roughly three to five months. But, for an additional fee of $1,225, the petitioning employer can expedite the process through Premium Processing. By submitting Form 1-907, in conjunction with the Form I-129 and the added fee, the petitioner is provided with the Premium Processing Service, which guarantees a 15 day turn around. In other words, within 15 days of submitting the application, the petitioner will receive an approval notice, denial notice, or a Request for Evidence (RFE).