Understanding E-1 And E-2 Visas In The U.S.

In this article, you can find key information such as:

• An E-1 visa is for a treaty trader and allows an individual to carry out trade in the U.S.
• An E-2 visa is for a treaty investor and allows an individual to invest.
• The E-1 and E-2 visas are good for two years and may be extended for an additional two years if the applicant still qualifies.

What Are The E-1 And E-2 Visa? What Are The Requirements To Qualify For Them?

The E-1 visa is for treaty traders, and the E2 visa is for treaty investors. E-1 visa holders can move to the U.S. temporarily to carry out their trade activities, but the E-1 visa lists fewer eligible countries than the E-2 visa list. E-2 visa holders can move to the U.S. for investment and must be trading from a country that has an agreement for commerce and navigation with the U.S.

To Be Eligible For The E-1 Visa As An Employee Of A Treaty Trader, To Trade On Your Own Behalf, You Must:

• Be the same nationality as the main alien employer (who must have the nationality of the treaty country). For example, if you are from the Netherlands and working at a company in the Netherlands (a country on the E-1 Treaty Countries list) applying for an E-1 visa, 50 percent of the owners of the company (main alien employer) must be citizens of the Netherlands.
• Meet the definition of employee under relevant law; and
• Be either engaging in duties of an executive or supervisory position or if employed in a lesser capacity, have special qualifications.

Suppose French fashion designer Samuel Drira has plans to come to New York to work for Macy’s Department Store marketing his designs. Samuel Drira, if a sole proprietor, is a French citizen owning 100% of his brand. He applies for an E-1 visa as he will be an employee of Macy’s. With his fame and popularity, he would be considered an executive designer.

To Be Eligible For The E2 Visa As A Treaty Investor, You Must:

• Be a national of a country with which the United States maintains a treaty of commerce and navigation;
• Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
• Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

Suppose Swedish investment genius, Carl Anderson, works for the Swedish investment firm Kinnevik (KINV B), which is mostly owned by Swedish/American businesswoman Cristina Stenbeck. Because Carl would be working in the U.S. as an investor for Kinnevik, he would be eligible for an E-2 visa.

How Long Can I Stay In The United States On An E1 And E2 Visa?

Those who are eligible for both visas can typically stay for up to two years initially. However, this may be extended in increments of two further years if required (assuming the person is still eligible).

For more information on E-1 And E-2 Visas in the United States, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (201) 500-8164 today.