‎E-1 and E-2 Treaty Visas

What travel authorization to run a business in the USA?

The VISA E is an investor VISA allowing them to travel to the United States to practice a trade or run a business that they have set up. This way, when an investor wants to travel to the United States, they will have to apply for a type E VISA.

American consular officers issue three types of VISAS namely VISA E-1, VISA E-2 and finally VISA E-3.

The E visa, the only one that allows you to invest in the United States

Although technically a nonimmigrant VISA, the Type E VISA can be renewed indefinitely as long as the business is still active (i.e. making sales). It is generally granted for a period of 5 years, and in addition to investors, it is granted to business managers, specialized executives, etc.

In addition, due to a recent change in American law, the spouse of an investor who is a member of a country having trade relations with the United States will be able to apply for a work permit on American soil as long as the VISA holder retains his status.

VISA E type E1 to invest in the United States freely

The E-1 VISA is available to businesspersons who trade in goods and services with the USA. This VISA is intended for citizens whose country has signed a trade treaty with the United States of America. To obtain the E-1 VISA, the VISA applicant must submit their application to the US consulate in their country; if it meets all the conditions for obtaining it, the VISA will be approved and it will be obtained for a period specified in the trade treaty with the country in question.

In the event that the VISA applicant is in the United States with another nonimmigrant VISA, they can apply for a change of status.

Condition for obtaining the VISA E-1: For the applicant

Note that to obtain this valuable VISA, the applicant must have an essential qualification, namely the experience and knowledge required for the position he will occupy within the company on American soil.

Condition for obtaining the VISA E-1: For the company

Ditto for the company, it too must have certain qualifications to work on American soil. To apply for a VISA, the company must carry out international business transactions between the country of the VISA applicant and the USA.

During these commercial operations, the supply of goods and services, the purchase or sale of products and services and the import or export of goods and services will be discussed.

Note that the company's activity must have started before the VISA application. The company must also carry out a considerable volume of commercial transactions between the USA and the country where the VISA applicant resides.

No quota is set as to the quantity of transactions to be carried out, but the company must demonstrate its ability to import and export a considerable quantity of goods or services with a high frequency of transactions. In addition, the company must also carry out at least 50% of its transactions between the USA and the country of the VISA applicant.

Working and living in the US is a dream and an ideal of life for millions of people around the world. However, not everyone can actually achieve this goal. One of the ways to do this is through a visa. That is why it is always important to be up to date: know all the news about the E2 Visa and which countries have a commercial agreement with the USA.

First, it is worth noting that the list of countries that are part of a trade agreement with the United States is extensive, with dozens of nations, opening doors for those who have a foreign passport for visa application.

Without a doubt, if your goal is to move to the US and become the owner of a business in the country, the E2 visa can be a good way to achieve your dreams.

The E2 visa was created so that investors from certain countries can make financial investments in American companies and manage them.

Unlike the EB-5, the E2 visa does not grant a Green Card. However, it guarantees the investor's residence in the United States while the visa-related business is still activated.

It is renewable every five years, for an indefinite period, that is, it has the possibility of turning into a Green Card while the business is working.

The E2 visa takes, on average, 2 to 4 weeks to exit. However, keep in mind that an immigration attorney needs at least two months (often up to 90 days) to complete the entire application process.

It is important to emphasize those who have the E2 visa do not have the same advantages and benefits as the EB-5 visa, which guarantees the Green Card.

Differences in trade agreements

Some countries differ from the trade treaty with the United States. Likewise, others vary in the duration of the visa.

According to the US government website, the countries that are eligible to apply for the E2 investor visa are as follows.

Albania, Germany, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo, South Korea, Coast Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Slovakia, Spain, Slovenia, Estonia, Ethiopia, Finland, France, Netherlands, Georgia, Greece, Grenada, Honduras, Iran, Ireland, Israel, Italy, Yugoslavia, Jamaica, Japan , Jordan, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, United Kingdom , Senegal, Serbia, Singapore, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey and Ukraine.

The E2 is a temporary work visa, which can be obtained through investment in an American company, made by citizens of countries that have a bilateral agreement with the USA.

The spouse of the holder of this visa must apply to USCIS, the US immigration agency, for an unrestricted work permit. The couple's minor and unmarried children have the same visa status as their parents.

It is necessary to invest to buy at least 50% of the shares or shares of an American company, that is, it is necessary to become the owner of an American company and prove this condition.

There is no set value for the investment to be made; the regulation only says that it must be “substantial”, and this is defined according to criteria that vary with the needs of the company being purchased.

Another option is to be in an executive or supervisory position at the company you work for, or to have skills that are indispensable to its functioning.

It is possible to apply for a visa by the American consulate that has jurisdiction over the place where you reside or also in the United States, at the USCIS itself, if you are already in the country legally – as a tourist, for example.

It should be remembered that, although it is not possible to request the conversion of an E2 into a Green Card, there are also no limits on the number of renewals for this visa.

In addition to dual citizenship, applicants for the E2 visa must have an amount ranging from US$120 to US$150,000 at their disposal, in addition to working capital and willingness to undertake and invest.

The complexity of this visa is present in the risk analysis and business implementation, which is something subjective.

Unlike L1 or EB, in which the calculation is based on documents, the conclusion of E2 involves interpretation that is often full of criteria.

Countries that have a bilateral agreement with the United States

This visa allows only people from countries that have trade and shipping treaties with the United States, can make financial investments in American companies and come to the US.

The E-2 visa is an excellent option for franchises in the US, as visa applications based on these types of businesses tend to have a higher pass rate.

To be eligible for this visa, you must be a citizen of one of the countries that have an agreement with the US.

The E2 is a qualified non-immigrant visa.

It provides authorization for the holder and his family to reside in the United States and allows the holder and his spouse to obtain a work permit in the United States for a temporary period.

Countries like Brazil and Portugal are not included in the list.

However, if the individual has citizenship of any country that is part of the treaty, it is possible for him to apply for the E2 visa, of course, if he meets the legal requirements.

COMMON QUESTIONS

What is E1 visa?

The E1 visa is a Treaty Trader Visa that allows individuals, or employees of companies, to enter the U.S. to carry out international trade.

Can I work on E1 visa?

An E1 visa allows individuals or employees of companies to enter the United States for carrying out international trade. ... An E1 visa may also cover immediate family (legal spouse and unmarried children under 21). The spouse of the visa holder is permitted to work, but children are not

How long does it take to get E1 visa?

Between two and four weeks

The E1 visa processing time depends on the caseload of the US Embassy or USCIS if you applied from within the US. However, the estimated processing time is between two and four weeks from the time, you file your application

What is E-2 Visa?

The E-2 visa is an American visa for investors that allows entrepreneurs whose countries are on the list of countries in the Trade Treaty with the United States to enter the country to make investments, establishing a business.

How to get the E2 visa?

The E2 visa takes, on average, 2 to 4 weeks to exit. However, keep in mind that an immigration attorney needs at least two months (often up to 90 days) to complete the entire application process.

How long does the E2 visa last?

Regardless of nationality, the E2 holder, when entering the United States, in most cases, will gain authorization to stay for up to two years, even if the validity period of the visa expires within these two years or even if he enters and it's a day before the expiration date.