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| Entertainment Industry visas: |
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| O Visa: Film and Television Professionals, Arts, Actors, Models, Musicians, Crews and More |
| P1 Visa: Athletes, Artists, Filmcrew |
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| Non-permanent work visas: |
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| E2: Investor Visa |
| E3: US Work visa for Australians |
| L1: Intra-Company Transfer Visa |
| TN: Canadian / Mexican Professional Visa |
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| J1 Visa: Exchange Visitor |
Employment Based Immigrant Visas - "Green Card": |
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| Religious Green Card |
| EB-5 Investor Green Card |
| Family immigration visas: |
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Pasadena office:
70 S. Lake Ave., Suite 1000
10th Floor
Pasadena, CA 91101
Phone: (626) 398-1992
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1671 The Alameda, Suite 210
San Jose, CA 95126
Phone: (408) 293-2026
Fax: (408) 293-7617 |
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E VISA: Treaty Traders and Treaty Investors |
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Suitable for foreign entrepreneurs starting a business in USA |
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Overview:
The E visa encompasses both treaty traders and treaty investors who are citizens of a country found on the list of designated treaty countries.
The list of treaty countries currently included can be found at the bottom of this page.
To request an E visa, the candidate must proof being a citizen of a treaty country and start or acquire a business in the United States.
The E visa allows the applicant to bring the immediate relatives (spouse and children) to the United States. The spouse can work and the children can attend school.
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E-2: Treaty Investors |
The E-2 visa is available to those foreign persons from a treaty country who:
(i) Have invested or are actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living;
(ii) Is seeking entry solely to develop and direct the enterprise; and
(iii) Intends to depart the United States upon the expiration or termination of treaty investor (E-2) status. 8 CFR §214.2(e)(2). |
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Employees of Treaty Traders and Treaty Investors |
As provided by 8 CFR §214.2(e)(3), an alien employee of a treaty trader, if otherwise admissible, may be classified as E-1, and an alien employee of a treaty investor, if otherwise admissible, may be classified as E-2 if the employee is in or is coming to the United States to engage in duties of an executive or supervisory character, or, if employed in a lesser capacity, the employee has special qualifications that make the alien's services essential to the efficient operation of the enterprise. The employee must have the same nationality as the principal alien employer. In addition, the employee must intend to depart the United States upon the expiration or termination of E-1 or E-2 status.
The principal alien employer must be:
(i) A person in the United States having the nationality of the treaty country and maintaining nonimmigrant treaty trader or treaty investor status or, if not in the United States, would be classifiable as a treaty trader or treaty investor; or
(ii) An enterprise or organization at least 50 percent owned by persons in the United States having the nationality of the treaty country and maintaining nonimmigrant treaty trader or treaty investor status or who, if not in the United States, would be classifiable as treaty traders or treaty investors. 8 CFR §214.2(e)(3). |
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Family of Treaty Traders and Treaty Investors |
The spouse and children of a treaty trader or treaty investor accompanying or following to join the principal alien, if otherwise admissible, may receive the same classification as the principal alien. The nationality of a spouse or child of a treaty trader or treaty investor is not material to the classification of the spouse or child. 8 CFR §214.2(e)(4). |
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List of Treaty Countries |
| Albania
| Congo
| Honduras
| Macedonia
| Senegal
| Tunisia |
| Argentina |
Croatia |
Iran |
Mexico |
Slovakia |
Turkey |
| Armenia |
Czech Republic |
Ireland |
Moldova |
Slovenia |
Ukraine |
| Austria |
Ecuador |
Italy |
Mongolia |
Spain |
United Kingdom |
| Bangladesh |
Egypt |
Jamaica |
Morocco |
Sri Lanka |
Zaire |
| Belgium |
Estonia |
Japan |
Norway |
Suriname |
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| Bosnia |
Ethiopia |
Kazakhstan |
Oman |
Sweden |
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| Bulgaria |
Finland |
Kyrgyzstan |
Pakistan |
Switzerland |
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| Cameroon |
France |
Korea (South) |
Panama |
Taiwan |
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| Costa Rica |
Germany |
Latvia |
Philippines |
Thailand |
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| Canada |
Grenada |
Liberia |
Poland |
Togo |
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| Colombia |
Georgia |
Luxembourg |
Romania |
Trinidad & Tobago |
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Frequently Asked Questions: |
Is there a limit to the number of years I can remain on an E-2 Visa? |
No. Although extensions need to be filed in order to keep the E-2 visa current, there is no specific period of time that a beneficiary and his/her family may remain in the U.S., as long as there is an ultimate intention to depart, as opposed to intending to pursue an immigrant visa (green card). For the E-2 visa, there is actually no requirement to even show a foreign residence. 8 C.F.R. 214.2(e)(1)(ii). |
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In order to satisfy the invest requirement of the E-2 visa, can I purchase a house, or make some other form of passive investment in the U.S.? |
No. The E-2 regulations require that the investment that is being made into the U.S. be considered “at risk.” For example, applicable regulatory language indicates specifically that stocks and undeveloped land are passive investments and thus fail to satisfy the appropriate regulations. 9 FAM 41.51 N.9. In determining which investments satisfy this criteria one must ask whether the investment is subject to partial or complete loss if the investment does not succeed. |
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Do I merely need to provide USCIS with a business plan and a future intent to invest funds into the U.S.? |
| No. Although a business plan is an important part of an E-2 visa petition, for a new company, it is insufficient to indicate a future intent to invest a particular sum of money. As provided by applicable regulatory language, uncommitted funds are not considered sufficient even if proof of these funds are shown to exist in a bank account. In order to satisfy the E-2 visa standards, the funds have to be irrevocably committed to the new enterprise. |
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How can I possibly irrevocably invest a substantial sum of money into an enterprise in the U.S. if I am not sure to be granted the visa that allows me to enter and operate the business? |
| The regulations do make it clear that placing funds into an escrow account (a common type of third party holding account in the U.S.), will be considered satisfactory. So the way this could help is that a person could place their investment amount into an escrow account which irrevocably commits funds to a particular purpose, e.g. the purchase of office space or a store front, as long as a specific contingency is satisfied, such as being granted the E-2 visa. This provides a legal mechanism by which the investor can show that funds have been irrevocably committed, while it protects the investor’s money in case the E-2 visa is not granted, as the funds are then returned due to the failure to satisfy the contingency. |
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Do I have to invest one million dollars into a commercial enterprise to get the E-2 visa? |
No. Many people confuse the E-2 visa process with the EB-5 green card investment category. The EB-5 green card category is an immigrant visa petition which, if approved, provides the investor with Legal Permanent Residence.
For more information on this category, click here. For the E-2 visa a substantial investment amount is required. The regulatory language does not provide a specific dollar amount, as opposed to the EB-5 category, however they do provide a test that is to be used. This test is termed the relative/proportionality test and considers the following elements:
(i) Whether the capital investment is substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise under consideration;
(ii) Whether the capital investment is sufficient to ensure the treaty investor's financial commitment to the successful operation of the enterprise; and
(iii) Whether the capital investment is of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. Generally, the lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered a substantial amount of capital. 8 C.F.R. 214.2(e)(14). |
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What if I inherit a business that is worth a substantial sum of money? |
| Unfortunately, inheriting a business in the U.S. does not qualify as an investment for E-2 purposes, however, inherited funds can be used to in turn invest in establishing a U.S. commercial enterprise for E-2 purposes. |
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Does the business have to show that it will be making a certain sum of money in order to be approved? |
| Per the regulatory language, a commercial enterprise is not allowed to be marginal in nature. What this means is that a qualifying E-2 commercial enterprise will have the capacity to generate more income for the investor and family then merely an amount required to live. Accordingly, whether the investment will create future job opportunities, and whether the enterprise will generate sums of money far above that which could be considered a living wage are important factors. |
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Can I invest capital and appoint a different person to enter the U.S. and operate the business? |
| Yes, assuming that the person being appointed is of the same nationality as the treaty employer and is either (1) an Executive or Supervisor or (2) an Essential Employee. |
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Who is considered to be an Executive or Supervisor? |
Pertinent regulatory language provides that the position needs to be “principally and primarily” as opposed to merely “incidentally or collaterally” executive or supervisory in nature. The following considerations, as provided by 8 C.F.R. 214.2(e)(17) and other applicable regulations, must be taken into account when determining whether the position satisfies the requirements:
- Does the position provide the person authority to determine policy and direction?
- Does the position provide supervision for a significant portion of the operation?
- Does the position provide supervision over low-level employees or is it of a higher supervisory nature?
- Does the person possess the proper executive/supervisory skills and experience?
- What is the salary of the position?
- What is the relationship of the position to the greater organizational structure?
- What percentage of the persons duties are routine staff work?
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Who qualifies as an Essential employee? |
| To be considered an essential employee the person must show that they have a particular proven degree of expertise in the particular job duties required by the enterprise and that those duties are very specific in nature, thereby supporting the need for the particular persons abilities. 9 FAM 41.51 N.14.3. |
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Contact us to let our attorneys assist you in efficiently finding the suitable visa petition to start your business. Our legal team with help you throughout this process, from discussing your options, to gathering and preparing the requisite evidentiary materials, preparing your visa petition, and being available for any questions you may have throughout the process. |
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