E-1 and E-2 Visas for Treaty Traders and Treaty Investors

Entrepreneur visas that do not require sponsorship by an employer or family member Who is eligible to apply for an E-1 or E-2 visa?

Only citizens of countries signatory to certain trade agreements with the United States may apply for E-1 and E-2 visas. Therefore, these visas are also known as “treaty investment” visas and “trade treaty” visas. There are countries, such as India, that have not signed this type of treaty with the United States and, therefore, these visas are not available to Indian citizens. Also, even where some countries have signed trade agreements with the United States, they may not have signed for both types of E visas. Some countries have entered into a treaty with the United States only for purposes of one or the other E visa. Therefore, nationals of these countries can only apply for the E-2 or E-1 visa, as the case may be. The following countries have signed the relevant treaty with the United States: In Latin America: Argentina (E1 and E2 since 1854), Chile (E1 and E2 since 2004), Colombia (E1 and E2 since 1948), Costa Rica (E1 and E2 since 1852), Honduras (E1 and E2 since 1928), Mexico (E1 and E2 since 1994), Panama (only E2 since 1991) and Paraguay (E1 and E2 since 1860). In the case of Bolivia, only for E2 between June 6, 2001 and June 10, 2022. In Europe: Albania (only E2 since 1998), Armenia (only E2 from 1996), Austria (E1 and E2 since 1931 ), Belgium (E1 and E2 since 1963), Bulgaria (E2 only since 1954), Croatia (E1 and E2 since 1982), Czech Republic only E2 since 1993), Denmark (E1 since 1961 and E2 since December 10, 2008 ), Estonia (E1 since 1926 and E2 since 1997), Finland (E1 since 1934 and E2 since 1992), France (E1 and E2 since 1960), Georgia (E2 only since 1997), Germany (E1 and E2 since 1956), Greece (E1 only since 1954), Ireland (E1 since 1950 and E2 since 1992), Italy (E1 and E2 since 1949), Luxembourg (E1 and E2 since 1963), Lithuania (E2 only since November 22, 2001), the Netherlands (E1 and E2 since 1957), Norway (E1 and E2 since 1928), Poland (E1 and E2 since 1994), Romania (E2 only since 1994), Kosovo (E1 and E2 since 1882), Latvia (E1 since 1928 and E2 since 1996), Slovenia (E1 and E2 since 1982), Slovak Republic (only E2 since 1993), Serbia (E1 and E2 since 1882), Spain (E1 and E2 since 1903), Sweden (E1 and E2 since 1992), Switzerland (E1 and E2 since 1855), Ukraine (only E2 since 1996), Turkey ( E1 since 1933 and E2 since 1990), United Kingdom (E1 and E2 since 1815), Yugoslavia (E1 and E2 since 1882), Bosnia and Herzegovina (E1 and E2 since 1982), Moldova (only E2 since 1994), Montenegro (E1 and E2 since 1882). Others: Australia (E1 and E2 since 1991), Canada (E1 and E2 since 1994), Egypt (E2 only since 1992), Israel (E1 since 1954 and E2 since 2019), South Korea (E1 and E2 since 1957), Morocco (E2 1991), Pakistan (E1 and E2 since 1961), Japan (E1 and E2 since 1953), New Zealand (E1 and E2 since 2019), Philippines, Oman, Azerbaijan, Brunei, Cameroon, Taiwan (since 1948), Ethiopian Congo. Jordan, Liberia. Mongolia, Senegal, Singapore, Sri Lanka, Togo, Trinidad and Tobago, Tunisia.

Are spouses allowed to legally reside and work in the United States?

Spouses of E visa holders may apply for an E1 or E2 dependent visa and legally reside in the United States. Traditionally, the spouses of E visa holders could apply for a work permit (for which they had to apply separately as it was not granted automatically). In addition, spouses had to renew their work permit every two years, regardless of the length of their visa validity (ie, even when the E visa was granted for three or more years). During the previous administration of President Trump, spouses of E 1 or E2 visas (as opposed to the primary visa holder) had to go through the process of collecting biometric data (i.e. fingerprints) each time they applied for a renewal therefore, their visa renewal was processed separately from the primary visa holder (who was not required to go through the biometric process again). This new requirement imposed on the spouses, which forced them to repeat the fingerprinting processes, generated many delays in the granting of their visa renewals. In addition, it prevented dependents of E visa holders from taking advantage of the expedited process called "Premium Processing." Premium Processing is an optional fast-track process through which, through the payment of an additional government fee of $2,500, the petitioner is allowed to obtain a resolution of the application in 15 days. Consequently, the visa and work permit renewal process for E visa spouses used to take several months and it was very common for them to have lapses where they did not have work authorization. With the current presidency, several changes were introduced. First, the need to collect biometric data at the time of visa renewal was eliminated. Also, after the government lost a class action lawsuit regarding spouses of other visas with similar characteristics (the L2 and H4 visas), another important change was implemented. Authorities released a new directive that the work permit of an E-visa holder spouse is considered inherent to her legal status. Thus, your work permit will be considered automatically extended for a period of 180 days as long as your E visa remains valid and you have applied for a renewal of your work permit before the visa expiration date. In this way, the work permit of the spouses will remain valid while the authorities process its renewal. In addition, the authorities stated that they will implement a change in the I-94 form of the dependents of the E visa holder whereby the spouses (who are allowed to work) will be differentiated from the children (who are not authorized to work). . As soon as this amendment to Form I-94 is implemented, the work permit will be granted automatically and it will no longer be necessary to apply.

What is the minimum investment amount required?

Unlike the EB5 investment visa, the E-1 and E-2 visas do not have a minimum investment amount or minimum number of employees determined by law. Virtually any business venture, as long as it is genuine, will be viable to apply for this visa. The investment must be proportional to the undertaking in question in order for it to be considered sufficiently financed. For example, a hotel complex would require a much larger investment than would be required for a restaurant. In the case of a company that sells manufactured products, more investment will be required to cover the inventory than in the case of a service provider company. E visas have been approved with investments as low as $50,000 and as high as several million. The smaller the investment, the more difficult it will be to get visa approval. Generally, an investment amount between 100 and 200 thousand dollars would be considered appropriate to obtain the E visa for a small commercial project. The key factor considered is whether the amount invested allows for the establishment of a business whose projected income is not merely marginal (i.e., the income is not only barely enough to cover the subsistence expenses of the investor and his family, but must also allow sufficient income). to cover the subsistence expenses of other families).

Will the investor be able to bring in employees from abroad?

The investor can bring foreign employees to work for his business. These employees must be nationals of the investor's home country and must provide proof that they are necessary for the start-up of the company due to their particular skills and knowledge. These employees will also receive E2 visas and will be able to legally enter the United States with their dependents (ie spouse and children under the age of 21). In general, when it comes to a new business, it is estimated that within five years it should be fully operational. However, the authorized period of employment for these employees (and therefore the duration of their visa) will be limited to the period necessary to launch the business (which generally cannot exceed the first three years). Consequently, these E2 visas for company employees are generally non-renewable under E2 status, but the company may choose to sponsor these employees to obtain lawful permanent residence (i.e., a green card).

Should the business be an existing business or venture, or can it be a new project?

The company can be a new project (for which a business plan must be submitted), or it can be an existing business acquired by the investor in the United States. Funds may partially originate from a loan, if the investor's personal credit is also compromised. Loans secured with future business income or billings would not qualify for an E visa. The investor must put his own capital at risk in the business venture he plans to conduct. The investor can also count on the capital contribution of other partners, which will not prevent him from applying for an E visa in his name as long as he is the main investor (that is, if he invests more than 50 percent of the amount in question or owns a percentage that gives him decision-making power in the company). In addition, the investor must be personally involved in the operation of the business. The investor cannot completely outsource the management of the business. The investor must have an active participation in the management of the company and must be generally involved in the financial and operational decisions of the company. The investor must have decision-making power over the hiring and dismissal of company personnel.

How often do you have to renew the visa? Do I have to leave the country to renew it?

The visa will be granted for an initial period which is currently generally one or two years. Although this visa can be renewed indefinitely, the renewal process is not automatic. At the end of each period, the marginality of the company's operations will be evaluated to authorize the renewal of the visa. The investment in question must produce enough income to be able to support not only the investor's own family, but must also produce enough income to support the company's employees and their families. To maintain your legal status, you can file your Form I-94 locally without leaving the United States. This will give you an extension of your legal stay for a period of two years without the need to return to the consulate of your country of origin to carry out this extension. In this case there will not be a face-to-face interview, but USCIS officers will want to verify from the documents presented that the visa holder has a genuine investment (for example, that the business is properly filing its tax returns and paying wages). The documentation and evidence that you must present for this process will be similar to those presented for a renewal in a consular process. Please note that if the visa holder only extends their lawful presence through the I-94, this will not allow them to leave the country and return to the United States without first going through the Consulate in their home country to renew the visa. in the traditional way.

Can I get a Green Card or legal permanent residence through the E2 visa?

Although these visas can be renewed indefinitely by the investor, the E-1 or E-2 visa is a "nonimmigrant" visa. Consequently, this visa, unlike other visas, does not grant the right to apply for permanent residence or citizenship in the United States, regardless of how many years the investor and their family have spent legally living in the United States under this visa. However, the fact that the person is physically present in the United States could place the person in certain circumstances in which other avenues may present themselves to enable them to obtain lawful permanent residence. It is not unusual for a person who has spent many years in the United States to fall in love with a US citizen and get married. In that case, her legal spouse can petition through an I-130 petition (Petition for Alien Relative). It could also be the case for a young married couple who settles in the United States on an E2 visa and has children who are born in the United States. Children born in American territory will be considered citizens from birth and may also present a petition to their parents. However, in order for them to do so, they must be considered of legal age for immigration law purposes, which will happen once their children turn 21 years of age (although for other legal purposes in most In the United States, the age of majority is 18 years of age. The E-1 and E-2 visas are dual intent visas and, therefore, E visa holders can adjust their status in the United States by going from being a “nonimmigrant” resident to an “immigrant” resident (holder of the green card). Unlike other nonimmigrant visas such as the J (which require the visa holder to return to their home country for a period of two years), E visas allow for adjustment of immigration status without the need to leave the United States. USA. For example, if you are sponsored by an employer, you can complete your “PERM” process to obtain a green card without having to leave the country to adjust your immigration status.

How often do you have to renew the visa? Do I have to leave the country to renew it?

The visa will be granted for an initial period which is currently generally one or two years. Although this visa can be renewed indefinitely, the renewal process is not automatic. At the end of each period, the marginality of the company's operations will be evaluated to authorize the renewal of the visa. The investment in question must produce enough income to be able to support not only the investor's own family, but must also produce enough income to support the company's employees and their families. To maintain your legal status, you can file your Form I-94 locally without leaving the United States. This will give you an extension of your legal stay for a period of two years without the need to return to the consulate of your country of origin to carry out this extension. In this case there will not be a face-to-face interview, but USCIS officers will want to verify from the documents presented that the visa holder has a genuine investment (for example, that the business is properly filing its tax returns and paying wages). The documentation and evidence that you must present for this process will be similar to those presented for a renewal in a consular process. Please note that if the visa holder only extends their lawful presence through the I-94, this will not allow them to leave the country and return to the United States without first going through the Consulate in their home country to renew the visa. in the traditional way.

Can I get a Green Card or legal permanent residence through the E2 visa?

Although these visas can be renewed indefinitely by the investor, the E-1 or E-2 visa is a "nonimmigrant" visa. Consequently, this visa, unlike other visas, does not grant the right to apply for permanent residence or citizenship in the United States, regardless of how many years the investor and their family have spent legally living in the United States under this visa. However, the fact that the person is physically present in the United States could place the person in certain circumstances in which other avenues may present themselves to enable them to obtain lawful permanent residence. It is not unusual for a person who has spent many years in the United States to fall in love with a US citizen and get married. In that case, her legal spouse can petition through an I-130 petition (Petition for Alien Relative). It could also be the case for a young married couple who settles in the United States on an E2 visa and has children who are born in the United States. Children born in American territory will be considered citizens from birth and may also present a petition to their parents. However, in order for them to do so, they must be considered of legal age for immigration law purposes, which will happen once their children turn 21 years of age (although for other legal purposes in most In the United States, the age of majority is 18 years of age. The E-1 and E-2 visas are dual intent visas and, therefore, E visa holders can adjust their status in the United States by going from being a “nonimmigrant” resident to an “immigrant” resident (holder of the green card). Unlike other nonimmigrant visas such as the J (which require the visa holder to return to their home country for a period of two years), E visas allow for adjustment of immigration status without the need to leave the United States. USA. For example, if you are sponsored by an employer, you can complete your “PERM” process to obtain a green card without having to leave the country to adjust your immigration status.