About E-1 visas

22 Aug 16:16

An E visa is required for doing business in the U.S.

Foreign nationals who intend to enter the United States must get nonimmigrant visas to remain temporarily or immigrant visas to become permanent residents. B-visas are necessary for tourists traveling for leisure purposes, whereas E-visas are required for business travelers. Check out “Variety of U.S. visa (non-immigrant visa application) and application procedures” for more information about visas.
Visitors entering the United States with an E-visa must participate in commercial activity in the two primary sectors listed below.

  1. A corporation must participate firmly in operations based on actual trade designed to enhance and develop for services and technology, primarily between the United States and nations with whom it maintains treaties of commerce.
  2. Requiring a significant capital investment in a company held in the United States, as well as employment in business development, management, or leadership for the aim of developing the firm.

Conditions of a nonimmigrant visa

Nonimmigrant visas are granted to foreign people who plan to stay in the United States for a limited time to engage in practical activities for defined goals in industries such as business, the arts, and athletics. Foreign nationals who do not plan to move to the United States but will stay for a longer amount of time than allowed by ESTA (Electronic System for Travel Authorization) must get nonimmigrant visas, whereas those who wish to come to the United States must seek immigrant visas.
Obtaining an immigrant or nonimmigrant visa involves the submission of documentation proving the applicant’s condition, reasons for going to the United States, and particular activities in the United States, as well as an interview at a United States embassy or consulate general. When applying for a nonimmigrant visa, the applicant must state their objective and demonstrate the following two points during the interview with the embassy or consulate general:

  1. The United States and the applicant’s country of residence have a close relationship.
  2. After the temporary stay, the applicant intends to return to his or her native country or otherwise leave the United States.

There are numerous types of nonimmigrant visas

Nonimmigrant visas come in a variety of forms. Before applying for a nonimmigrant visa, be sure you know which type of visa is appropriate for your purpose of visiting the United States and your employment.

B1 visa For tourism, family and friend visits, and so on.
B2 visa For business talks, purchasing, business training, and so forth.
E1 visa Specifically for international trading with the United States as a resident employee, etc.
E2 visa For investors primarily interested in investing in a firm based in the United States.
L visa In the event of a move to a corporation in the United States.
O visa For persons with exceptional ability in areas such as the arts, education, science, or athletics.
P visa For those individuals, such as artists, entertainers, or athletes, who require particular travel to the United States.
I visa For members of the media or journalists who will be residing in or visiting the United States for certain purposes.
TN/TD visa NAFTA allows for specialist workers from Mexico or Canada.
J visa For those who come to the United States for specialized objectives such as serving in jobs such as physicians, professors, scholars, or instructors (including international exchange trips).
F visa Designed mostly for students traveling to the United States for academic purposes, language study, and so forth.
M visa Vocational training or tours, training, or trips to recognized non-educational institutions or other facilities (except language instruction)

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Choose the visa best suited for your purpose and length of stay in the U.S.

In general, foreign nationals intending to enter the United States must first apply for and acquire either a nonimmigrant visa for a brief stay or an immigrant visa for those intending to become permanent residents. The United States has developed a Visa Waiver Program (VWP) only for nations with which it has very close connections. A VWP allows tourists to enter the United States for brief periods of time without acquiring a visa. VWP passengers, on the other hand, must first apply for ESTA (the Electronic System for Travel authorisation) and acquire authorisation. Nonimmigrant visas are required for people who are not eligible for the VWP and those who want to travel to the United States for other reasons, such as participation in exchange programs or travel that is not eligible for a B visa. In some circumstances, simply acquiring a visa does not ensure entry into the United States. A visa is proof that a US embassy or consulate general has determined that the applicant is qualified to travel to the US for a certain purpose. Entrance to the United States may not be authorized in specific instances, such as errors in or incompleteness of the documents, and/or based on the interview with the consulate.

Differences between E-1 and E-2 visas

An E visa is used to enter the United States primarily for business purposes. E visas are divided into two categories: those engaged in international commerce and comparable companies between the United States and a treaty signatory countries, and those making business investments in the United States. E-1 and E-2 visas are only awarded to nationals of countries that have signed trade accords with the United States. An E-1 visa is for resident personnel involved in commerce, whereas an E-2 visa is for resident employees engaged in investment. Family members of a resident employee who intends to stay in the United States on an E visa may apply for an E visa for family members. His/her spouse and unmarried children under the age of 21 are eligible family members. They can accompany or follow the resident employee with the E visa.

E visas for family members

When a spouse or unmarried kid under the age of 21 travels to the United States with a resident employee on an E-1 or E-2 visa, an E-4 visa for family members must be sought for. However, the following individuals do not require an E-4 visa:

  • Those who filed for and received a B-2 (tourist) visa to visit the United States primarily for tourism purposes
  • Those who have sought for a visa waiver to visit the United States primarily for tourist purposes.
  • Those who have filed for and received an F-1 (student) visa to visit the United States primarily for the purpose of attending education.

On a family E visa or an F-1 visa, family members of a resident employee on an E visa may attend elementary, middle, high school, college, vocational schools, and other schools in the United States. Those wanting to come to the United States with school-age children should evaluate the rules for issuing an F-1 visa in addition to a family E visa and apply for the visa that is most suited to their circumstances.

How an E visa differs from an immigrant visa

The fundamental distinction between an E visa and an immigrant visa is the breadth of its limitations. While an E visa is necessary when staying in the United States for business purposes, it varies from an immigrant visa in the following ways:

①You may stay in the U.S. for only the period necessary for business

An E visa holder may stay in the United States for just the amount of time approved by the Department of Homeland Security and must depart the nation to return to his or her home country once his or her business or other activities are completed. An E-1 visa requires the applicant to come to the United States to participate in practical and ongoing international commerce activity between the United States and a treaty signatory countries. An E-2 visa requires that the applicant come to the United States to expand a business by managing or steering a firm in the United States in which he or she has made a minimum investment.

②Family members holding E-4 visas accompanying a resident employee holding an E-visa are not allowed to work in the U.S.

A spouse and other family members accompanying an E visa-holding resident employee will be awarded family E-4 visas. In general, a spouse or family members residing in the United States on a family E-4 visa may not work in the United States. However, after arriving in the United States, such a family member may petition to the immigration department for authorization to work. There are no constraints on the sorts of work employees can do or the scope of their responsibilities. If family members want to work, they should notify the immigration authorities.
https://travel.state.gov/content/travel/en/us-visas/employment/treaty-trader-investor-visa-e.html

TRAVELING TO THE UNITED STATES?

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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

  1. Japan
  2. Ireland
  3. Argentina
  4. Alba
  5. United Kingdom
  6. Italy
  7. Iran
  8. Estonia
  9. Ethiopia
  10. Australia
  11. Austria
  12. Oman
  13. Netherlands
  14. Netherlands Antilles
  15. Canada
  16. South Korea
  17. Croatia
  18. Colombia
  19. Costa Rica
  20. Gibraltar
  21. Singapore
  22. Switzerland
  23. Sweden
  24. Spain
  25. Surinam
  26. Slovenia
  27. Serbia-Montenegro
  28. Thailand
  29. Taiwan
  30. Chile
  31. Togo
  32. Turkey
  33. Germany
  34. New Caledonia
  35. Norway
  36. Pakistan
  37. Paraguay
  38. Philippines
  39. Finland
  40. France
  41. Belgium
  42. Poland
  43. Bolivia
  44. Bosnia-Herzegovina
  45. Honduras
  46. Macedonia
  47. Mexico
  48. South Africa
  49. Jordan
  50. Latvia
  51. Liberia
  52. Luxembourg
  53. 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.

https://www.ustraveldocs.com/jp/jp-niv-typee.asp

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.

TRAVELING TO THE UNITED STATES?

Do You Have U.S. ESTA VISA Travel Authorization? If You Have ESTA Application, Check if it is Still Valid!