Conditions for issue of an E-1 visa
1. The applicant for an E visa must have been employed as an executive or manager of the business where he or she works or possess knowledge or skills necessary to company management.
An E-1 visa candidate must be an executive or manager, or have advanced skills or specialized knowledge required for company management. In addition, the candidate may be requested to describe in detail why his or her talents or specialized knowledge are important to his or her company, as well as the degree of such skills. In many circumstances, applicants seeking E-1 visas with very basic business abilities are denied.
2. The applicant for the E-1 visa must be a national of a country that has concluded a relevant treaty (a treaty of commerce and navigation) with the United States.
An E-1 visa application is subject to nationality requirements. If nationals of the country that signed the treaty with the United States possess 50% or more of the shares in the firm, it is deemed a corporation of that country. Check ahead of time to ensure that the firm where the applicant will work after arriving in the United States is a corporation of a treaty signatory nation.
Treaty signatory nations whose nationals may apply for E visas
- United Kingdom
- Netherlands Antilles
- South Korea
- Costa Rica
- New Caledonia
- South Africa
- Territory of the Wallis and Futuna Islands
(Listed in no particular order)
3. The company employing the E-1 visa applicant must be in the country that has signed a relevant treaty.
In the case of the United Kingdom, for example, the applicant for the E-1 visa must be a British subject, and the firm where he or she would work in the United States must also be British.
4. The company must be engaged in international trade, and transactions with the U.S. must account for more than 50% of its trade transactions.
The corporation must do direct importing or exporting with the United States, and more than half of its worldwide trade volume must originate from transactions with the United States.
5. The company’s trading volume must be equal to or more than the amount specified by law.
While a significant level of commerce with the United States is required for the issuance of an E visa, the requisite volume is not specified. Furthermore, attention is put on whether or not mutually advantageous relationships may be expected to form between the E-1 visa applicant and his or her company, resulting in direct advantages and benefits to the United States. Because direct commerce with the United States is necessary rather than indirect trade via other firms, potential applicants should do preliminary research on factors such as the substance and breadth of their business in the United States.
6. The applicant must have an intention to return to his or her home country after completing his or her business for which the E-1 visa was issued.
The applicant must aim to return to his or her native country rather than stay in the United States once the primary business purpose has been met.
About the E-2 investor visa
An application for an E-2 visa, often known as an investment visa, must meet the following requirements and present paperwork to certify them.
Conditions for issue of an E-2 visa
1. If the applicant is an employee, he or she must plan to serve as an executive or manager of the U.S. business or on a position involving specialized knowledge essential to the company.
If the applicant is not an investor, he or she must be eligible for work as an executive or manager at a company founded in the United States, or possess knowledge or abilities essential for company management.
2. The company and the applicant must be from countries that have concluded relevant treaties with the United States.
The firm and the applicant for the E-2 visa must be from countries that have signed commerce and navigation treaties with the United States.
3. Investors must be in positions of guidance and leadership of their companies
An investor seeking for an E-2 visa must be permitted to make financing and business choices for the firm in which they are investing. If the investor is a corporation, a national of a country that has concluded a relevant treaty with the United States must own more than 50% of the company’s equity or stock with voting rights.
4. The investment must be an actual existing company
The investment’s substance must exist in the United States, and it must be proven that it will benefit both the United States and the treaty partner countries.
5. The investment must be in a considerable amount and must clearly exceed the amount needed to support the livelihood of the investor and his or her family.
Investors must create corporations in the United States and make investments in them that comply with immigration laws. The amount of investment required is influenced by criteria such as the goal of the firm, its specifics, the overall amount spent, and the beginning investment amount.
6. The investment must already have been made or be in the process of being made.
It must be proved that ongoing investment is being made and that it cannot be terminated. Ownership of undeveloped land or retention of uninvested cash in accounts as unexplained spending do not qualify as investments.
7. The applicant must have an intention to leave the U.S. after his or her eligibility for an E-2 visa ends.
Instead of remaining in the United States following the expiration of the enterprise for which the E-2 visa was designed, the applicant must plan to return to his or her native country or depart for another country.Before applying for an E-2 visa, the firm and the applicant must assess the risk of losing the cash invested in the business. If all or a portion of the money are lost after investing in the firm, they are reported as losses and are not considered investments. Furthermore, because fund replenishment by ways such as taking out loans with investment assets as collateral is not authorized, it is suggested that applicants first speak extensively with investment specialists and confirm all aspects needing prudence when making investments.
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