E-1 TREATY TRADER VISAS AND E-2 TREATY INVESTOR VISAS
Investor (E-1, E-2) Visas are based on a treaty between the U.S. and the country of which the applicant is a national. For an E-1 visa, the applicant must be entering the U.S. solely to carry on substantial trade that is international in scope principally between the U.S. and the foreign state of which he or she is a national. For an E-2 visa, the applicant must invest a substantial amount of capital in a bona fide enterprise. E visas are issued at the Consulate or Embassy outside the United States for periods up to Five Years. E visas may be renewed indefinitely, although the applicant should not intend to remain in the U.S. permanently. A full E Visa application must be submitted to the Consulate for adjudication even if an extension of stay or change to E- Visa status has been granted by USCIS.
“An alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or following to join him.
Solely to carry on substantial trade, including trade in services or trade in technology, which is international in scope, either on the alien’s behalf or as an employee of a foreign person or organization engaged in trade principally between the United States and the treaty country of which the alien is a national, taking into consideration any conditions in the country of which the alien is a national which may affect the alien’s ability to carry on such substantial trade. There must be intention to depart the United States upon the expiration or termination of treaty trader (E-1) status.
Solely to develop and direct the operations in which the investor has invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living. The investor must intend to depart the United States upon the expiration or termination of treaty investor (E-2) status.
Initial stay for E-1 and E-2 visas is two years; up to 2 years per extension. No maximum number of extensions, with some exceptions.” (Extracted from UCIS website)
Investor visas for permanent residents status are available for qualified individuals and their family members based on their investment in a new commercial enterprise which results in the creation of 10 full time jobs for US citizens or permanent residents. The minimum investment under the EB5 investor visa program is $500,000 if the investment is in a Targeted Employment Area or a rural area. Otherwise the required investment amount is $1,000,000. Many intending immigrant investors choose to invest in a Regional Center EB5 investor visa program. These Regional Centers allow qualified investors to meet the employment requirement through indirect employment methods which are generally pre-approved by the USCIS. Most Regional Center investments are located in Targeted Employment Areas allowing the EB5 investor to qualify for the minimum investor amount. It is not necessary for the investor to reside in the location of the EB5 investment For a current list of EB5 Regional Centers in California and in other parts of the United States click here. Careful planning with independent tax and financial advisers together with Immigration counsel is strongly recommended. Our Law Firm has been representing immigrant investors in Los Angeles and throughout the United States since the EB5 program started in 1990 and we work closely with the intending immigrant investor and other professional investment advisers at all stages of the process.
For More Information Regarding the EB5 Investor visa program Click Here and request Free initial Consultation for Investor Visa Program.
E-2 and EB5 Investor Visas