E Visa

Are you a foreign investor, treaty investor, trader or representative of a company abroad, attempting to establish a branch office for your business in the United States?

E visas allow people from countries that participate in trade agreements with the U.S. to come to America temporarily to engage in trade (E 1 visas) or investment (E 2 visas.)

US Immigration laws permits foreign nationals from countries with which the United States maintains a treaty of commerce to reside in the United States to carry out an enterprise involving trade between the US and the treaty company and or to invest in US enterprises.

To conduct business and temporarily reside in the US as an investor you'll need what's called an E- visa. U.S. immigration policy supports investors and foreign commerce in a variety of ways. The E-1 visa is one method for ensuring healthy commerce with the world.

The E-1 Visa is issued to individuals known as 'treaty traders' while an E-2 Visa is issued to individuals known as treaty investors.

A treaty trader is defined as a national of a country with which the United States maintains a treaty of commerce and navigation.

A treaty investor is defined as a national of a country with which the United States maintains a treaty of commerce and navigation.

• E-1 visas permit employees of companies engaged in trade between the US and Thailand (and other qualifying countries) to work for the company in the US in a supervisory or specialist capacity.

• E-2 visas permit Thai individuals (as well as employees of Thai entities) to invest and conduct investment related activities pertaining to a US based enterprise, which can but does not have to be principally engaged in trade between the US and Thailand.

Because the U.S. and Canada are parties to the North American Free Trade Agreement or NAFTA, Canadians can come to the U.S. for the purpose of trade and investment and vise versa. Before applying for a visa, potential applicants are advised to speak with a US Immigration lawyer.

For both types of E visas the following requirements must be met:

• The country must be on the list of countries that have a treaty with the US enabling the national to use this visa.

• At least 50% of the company must be owned by Nationals of Country X.

• The applicant must possess the Nationality (not mere resident status) of the country.

• The applicant must intend to depart upon expiration or termination of the E-1/2 visa.

For the E-1 visa, the following must apply:

• There must be an existing trade (goods, services, monies, advertising, tourism, technology, data processing, international banking, etc).

• The trade must be substantial (the amount of trade must be sufficient to ensure a continuous flow of international trade items between the US and the treaty country).

• The trade must be principally between the US and the treaty country.

• The position must be supervisory/executive or essential to the successful/efficient operation of the enterprise.

For the E-2 visa, the following must apply:

• The investment must be active (intended to generate profit).

• The investor must be personally at risk.

• The investment should create jobs for non-family members.

• If the individual is the principal investor, he/she must solely direct and develop the enterprise.

• If the individual is an employee, his/her duties must be supervisory/executive or essential to the successful/efficient operation of the enterprise.

An E visa status is one that can last a lifetime. Initial E visas that are obtained from abroad are 5-year visas issued by the State Department. Initial E visas that are obtained in the US are 2-year visas issued by the USCIS. In either case, visa extensions are available with no total time limitation.

For friendly, efficient help if you need to apply for an initial E1 or E2 visa, or renew an E visa, contact The Sheena Law Firm today to discuss your case with and immigration attorney.