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E-1 and E-2 Visas

E-2 Investor Visa

It is simply an investor Visa. If you have any plan of investment or starting a business in the US there is a probability that you may be qualified for E-1 or E-2 investor Visa or for L-1, which is basically a business expansion Visa. There are some criteria for all countries by following which they become eligible for this Visa as all countries are not eligible. So, business owners and investors from these eligible countries can have this visa. If you are the principal visa holder then your employees your spouse and children also qualify for this Visa.

E- Visas are of 2 kinds:

Investors can apply for E- Visas which include E-1 Visa and E-2 Visa. Both E-1 Visa and E-2 Visa have essential requirements which make them different in their way. There are few countries whose citizens only qualify to apply for it.

E-1 Visa

International trade can be done by individuals or employees of various companies in the US by obtaining E-1 Visa. It includes trade of good and services and banking. More emphasis is  on the number of transactions over total value, but no restriction is on the amount of trade to be done. Legal spouse and unmarried children under 21 are covered under this. Children cannot work, but the spouse of Visa holder is permitted to work.

Conditions for E-1 Visa

* Out of the total amount of the trade between the US and designated treaty country, at least 50% must be within the US.

* Intention of the visa holder to engage in the trade which is not strictly defined and known as “substantial trade” must be clearly shown.

* From the below-mentioned treaty countries, visa holder should be a national of one of them but this condition does not apply to family members.

* The trade in this Visa category should be in the form of physical movement of transportation, goods or non-physical services. This can include tourism, journalism or technology, banking and insurance.

*The applicant must show clear intention to return to the home country.

                 E-2 Visa

There are thirty plus countries which have trade treaties with the US. E-2 treaty investor visa is one of the US visas, which is available to these countries. This Visa is available to the citizens or nationals of these countries.

 It is for all the individuals who want to start their business in US. Those who want to open their office and practice. They should have enough funds to invest.

Depending on the viability of the concerned business, E-2 Visa can be extended indefinitely. This Visa does not include the privilege of Green card and residency.

Requirements for E-2 Visa

This visa is for the individuals who are investors, and they must demonstrate that their primary purpose for entering the US is to develop or run the enterprise/organization concerned. This is generally shown by their having either a significant managerial or leadership position or minimum 50% stake in the business. This kind of position or stake gives them operational control.

In this category of Visa one needs to show that there is a risk of loss of capital. One should not have generated funds through illegal means. Even investment in real estate is not considered in this case.

The investment cannot be used solely for creating a job for the investor. However the investment can be used to create a new company or to enhance an existing company.

The business cannot run from investor’s home. It must have a dedicated premises/office. Investment should not be marginal, that means it should have a reasonable probability of generating sufficient income for the visa applicant and his family members within five years of entering the US.

E-1 and E-2 Visa differ from each other–

General political views in the US are that all the nationals should be first given the privilege to work for the respective jobs in the US.

One needs to meet the specific requirements for running the business in US. There are some visas like TN Visa which allow people to do occupations which are high in demand and which deals with highly skilled fields.

Another type of visa category that the U.S. encourages is the E1 and E2 treaty visa, which welcomes those who perform a great deal of trade or investment in the United States. This shows the states that you create value for the American economy through job creation and business growth within their borders.[NN1] 

There are other types of visa like E-1 and E-2 treaty Visa which apply to those who want to invest or trade in the US. And these visa category shows that you are creating jobs and expanding the business of the US economy.

E-1 countries and E-2 countries

Business can be done between different countries and the US through trade treaties.

E1 visas are also known as Nonimmigrant Treaty Traders. They list fewer eligible countries than E2 visa. E2 visa are for nonimmigrant treaty investors. Mentioned below is the list of countries that are approved for those who seek E1 status:

Yugoslavia, Suriname, Israel, Mexico, Finland, UK, Canada, Spain, Luxembourg, Ireland, Ethiopia, Brunai, Turkey, Philippines, Liberia, Iran, Estonia, Bolivia, Togo, Pakistan, Latvia, Argentina, China, France, Italy, Netherlands, Australia, Sweden, Columbia, Germany, Japan, Norway, Switzerland, Austria, Costa Rica, Greece, Korea, Oman, Thailand, Belgium, Denmark, Honduras, Latvia.

Countries qualifying for E-2

Sweden, Korea, France, Oman, Canada, Yugoslavia, Norway, Kazakhstan, Finland, Cameroon, Sri Lanka, Uzbekistan, Netherlands, Japan, Ethiopia, Bulgaria, United kingdom, Spain, Mongolia, Jamaica, Estonia, Bosnia-Herzegovina, Ukraine, Slovakia, Moldova, Italy, Egypt, Belgium, Turkey, Senegal, Morocco, Ireland, Ecuador, Belarus, Tunisia, Romania, Mexico, Iran, Czech Republic, Bangladesh, Trinidad and Tobago, Poland, Luxembourg, Honduras, Costa Rica, Austria, Togo, Philippines, Liberia, Grenada, Congo, Australia, Thailand, Panama, Latvia, Germany, Colombia, Armenia, Switzerland, Pakistan, Kazakhstan , Georgia, China, Bahrain, Argentina.

There are few treaties under E-2 investment Visa which need to be ratified for the US and for investment activities they are left as bureaucratic limbo. These countries are Russia, Jordan, Haiti, Azerbaijan, Albania, and Nicaragua. The number of countries qualifying for E-2 investment visa is more than that of E-1 Visa.

Important Differences between E-1 and E-2 visa requirements–

Varieties of differences exist between E-1 and E-2 Visas. E-1 treaty investor individuals must be a citizen of the country from which they are applying. As per the US Department of State: the investor either corporate entity or partnership, an individual must have the citizenship of a treaty country”. The scope of investor individuals is widened by incorporating corporate entities and partnerships as part of the wording. This shows the US interest in those investors who open new business and generate new jobs within the US.

A second huge difference between E-1 and E-2 Visa is on the basis of nature of the treaties, as the E-1 Visa deals with investors, the provincial department’s requirements list that “the foreign trade must be substantial, which means there should be a significant volume of trade. For the second visa that is E-2 Visa, the investment has to be substantial, with assets committed or investment funds and irrevocable.

Cash invested in the business undertaken has to be at risk and enough to reward for daily business duties. E-1 and E-2 Visas do not have an exact figure when it comes to the investment committed or amount of trade.

E-2 visa investors should have authority over the cash that’s being invested in the business that’s being generated and reach the US market. Especially, to develop the business in question. E-1Visa and E-2 Visa welcome essential workers for investment and trading. Individual applying for E-2 Visa are expected to generate more income than is required to maintain their families and themselves.

Prior to investing time and cash into trade plans or enterprise that involve US, its critical to make sure that you are not misusing your means accidentally or making an error or falling short of a requirement that is required to successfully apply for E-2 or E-2 visa.

Professional advice with your Application in 2020

One needs to be careful while applying for E- visa, all the required standards must be met. You can easily skip significant details that can lead to cancellation of application, as it involves a lot of documentation and paperwork. Without any expert advice, sailing through the complex application process is difficult. We are always here to guide you properly.

You need to get your case assessed first. Fill out our form; we will contact you within a day. Get your immigration guidance and start your immigration process.

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