Investment Visas for Business Professionals

Both the E-1 “treaty trader” and the E-2 “treaty investor” visas are non-immigrant visas and allow an individual, their families and key employees to engage in trade or investment in the U.S. There is no annual cap limitation, on either visa and they can be obtained through consular processing or within the U.S. by change of status. 

The E-1 “treaty trader” is designed for the business professional whose primary purpose is to conduct “substantial trade” between their home country and the U.S.

The E-2 “treaty investor” visa, is for those individuals who wish to direct the operation of a business, in which they have invested or in the process of investing, a substantial amount of capital in a U.S. business.

The Application Process & Substantial Capital

Since both the application process and satisfying it’s requirements, for either E1 visa, E2 visa, and E3 visa, are complicated, you are advised to consult with an experienced attorney who help you to obtain a more favorable result.

A vital component to a successful E-visa application is a business plan which expresses the “substantial” nature of the trade or investment, to satisfy the criteria of the law.  “Substantial” can often be achieved with far less commitment, than is initially, believed necessary. Depending upon the nature of the business, relatively small amounts of capital can satisfy the "substantial" test.

A Fresh Start-Up

It is also possible to obtain a visa through investment in a new business entity created, specifically, for that individual. Should you choose this option, you are advised to consult with an attorney who can assist you in the formation of a business entity, and help structure it in a way that protects your investment. Maintenance of immigration compliance in the U.S. is also necessary for successful, visa renewal applications.

How to Qualify for an E Visa

In order to be eligible for the E-1 or E-2 visa, your home country must have a qualifying trade and investment agreement with the U.S. Both the E-1 visas and E-2 visas are valid initially,for three (3) years and Five (5) years respectively, and may be renewed in two (2) year increments indefinitely, for as long as the trade or investment requirements are satisfied.

E Visas for Physicians

Physicians who are currently residing in the U.S. on a J-1 visa may be able to circumvent the two (2) year home requirement, without obtaining a J-1 waiver, by meeting the requirements for the E-2 investor visa.

Under certain conditions, the E-1 and E-2 visa may be considered “dual intent” visas; It may be possible to become a lawful permanent resident while maintaining non-immigrant status under the E-1 or E-2.

E Visas for Executives and Employees

Once an E visa has been obtained for the principal applicant, it is possible to petition for derivative visas on behalf of other executives, managers, and employees essential to the operation of the “treaty trader” or investors U.S. business entity.

E Visas for Family Members

Similarly, the E visa holder is able to petition on behalf of their spouse and any children less than twenty-one (21) years of age. Once in the U.S.  a spouse may obtain work authorization and children may attend school.

To learn more about the E-1 and E-2 visas contact one of our attorneys, who have high success rates with these kinds of visas and will be able to provide you with all of the planning, advice and assistance necessary to obtain one.