E Visas

E-1 & E-2 Visas

The E-1 and E-2 visas are nonimmigrant visa categories that promote international trade and investment in the United States. These visas are designed for individuals who are nationals of countries with which the United States maintains treaties of commerce and navigation.

1. E-1 Visa (Treaty Trader Visa): The E-1 visa is available to individuals who are coming to the United States to engage in substantial trade between their home country and the United States. To qualify for an E-1 visa, the applicant must be a citizen of a treaty country, and the majority of the trade conducted must be between the United States and the applicant's home country. The trade must be substantial in terms of volume, frequency, and value, and the applicant must be employed in a supervisory or executive role or possess essential skills.

2. E-2 Visa (Treaty Investor Visa): The E-2 visa is for individuals who are coming to the United States to develop and direct the operations of an enterprise in which they have invested a substantial amount of capital. The investment must be in an active and operating business, and the applicant must be a citizen of a treaty country. The investment must be substantial, and the applicant must have control or ownership of the enterprise.

 

Key features of the E-1 and E-2 visas include:

1. Treaty Country: The applicant must be a national of a country that has a treaty of commerce and navigation with the United States. Not all countries have E-1 and E-2 treaty status.

2. Investment or Trade: For E-1 visas, substantial trade must exist between the applicant's home country and the United States. For E-2 visas, the applicant must have made a substantial investment in a U.S. enterprise.

3. Substantiality: Both visas require the trade or investment to be substantial in terms of volume, frequency, and value. The exact definition of substantiality may vary based on the specific circumstances and regulations.

4. Duration: Initially, both E-1 and E-2 visas are typically granted for up to five years, with the possibility of extensions as long as the trade or investment continues.

5. Spouse and Dependents: E-1 and E-2 visa holders can bring their spouses and unmarried children under the age of 21 to the United States under the E-1 or E-2 dependent visa category. Spouses may also be eligible for work authorization.

Applying for an E-1 or E-2 visa involves submitting a comprehensive application to the U.S. embassy or consulate in the applicant's home country. The application process includes providing documentation to demonstrate treaty eligibility, describing the nature of the trade or investment, and showing the applicant's qualifications and role in the enterprise.

Navigating the E-1 or E-2 visa process can be complex, as it requires meeting specific eligibility criteria and providing thorough documentation. The Immigration Law Firm of Marcin Muszynski, Esq. can assist you in preparing a strong and compelling petition.