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Facts About E-Visas

What are the Two Types of E-Visas?

The two types of E-Visas are the E-1 Treaty Trader Visa and the E-2 Treaty Investor Visa. The former allows the Visa holder to carry out trade in the USA while the latter allows the holder to carry out investments other than trade inside the country. Both could be given to applicants who are nationals or citizens of one of the countries in the USA's list of treaty nations. Both are also non-immigrant types of Visa.  

What are the Qualifications for E-1 and E-2 Visa Applications?

Qualifications for E-1 Visa application:

  • You must be a citizen from one of the USA's treaty trade nations that is presently conducting international trade
  • You must own at least 50% of a treaty trade country company operating in US grounds or at least be a manager, executive, or a specialist of the company.
  • The company you are representing should have 50% ownership by nationals of a treaty trade nation.
  • You must be a member of an eligible E-1 Visa holder's immediate family.

Qualifications for E-2 Visa application:

  • Majority of the company's stocks should be owned by nationals of the treaty trade nation.
  • The company's employees should be of the same nationality as that of the company itself.
  • The company should be currently in operation with considerable investment returns.
  • If you are an employee representative of your company, you should be entering US grounds to work at an executive level.
  • If you are not working at an executive level, it should be proven that you have a special skill that is not available amongst the country's laborers or is vital to the operation of your business in the United States.

If I am a Citizen of One of the Treaty Trade Countries Currently Living in Another Treaty Trade Nation, am I Allowed to File an Application in the Country where I am Living?

Some countries allow filing of an E-Visa application despite being a non-citizen of that particular location. However, some countries do not allow this. It is best if you consult with an immigration lawyer in your country of residence or perhaps send an inquiry to the US embassy.

What are the Privileges I Could Enjoy as an E-1 or E-2 Visa Holder?

For both Visas, you are granted legal permission to work in the United States and freely travel in and out of the country. You could also stay as long as you want in the United States with each Visa extension spanning up to two years. Bringing dependents with you in the US grounds is also perfectly legal.

Is there a Particular Amount I Need to Spend as an Investor or a Trader?

No, there is no particular or minimum amount to be spent. Since businesses are different and hence required amounts of investment also differ, the US government has not set an amount.

Could I Get the Visa Before I Commit my Investment?

No, you should commit your investment beforehand otherwise you would not be eligible for the Visa. Your investment must be proven before the US government approves your application.

For the E-2 Visa, should the Company already be Running or can I Start a Brand New Business?

E-2 regulations state that the company should have been already "real and active" by the time of the Visa application. However, applying for an E-2 Visa to start a new business is also possible. You are required to have spent capital on the new business before your application gets approved.

What are the Limitations for E-1 and E-2 Visas?

Both Visas are only valid as long as you are employed or partially own the company that sponsored you. Validity of the Visas is only for two years though you may apply for extensions.

What are the Types of Extensions?

The first is an unlimited extension which allows you to stay in the USA for five years at a time, and the other is the status extension which is valid for two years.

Since I could Bring my Children and Spouse with Me, are They Allowed to Work in the USA?

Your spouse is allowed to find work in the United States. Children of E-Visa holders, however, are required to pass qualifications for employment.

If I am Not Married to my Partner, will He/She still be Allowed to Accompany Me?

Unfortunately not. A legal marriage should be in effect before a person is considered your spouse.

Will it Raise Questions if My Children and Spouse Use a Different Surname than I Do?

Not exactly, though you would need proof of relations such as a birth certificate or a marriage contract.

Will I Have to Make a Personal Visit to the US Embassy in the Course of the Application?

All applicants over the age of 14 are required to be physically present in the US embassy or consulate for an interview.

How Much Time will it Take Before I Get My E-Visa?

It all depends on the US embassy or consulate of your country of residence. It is recommended that you contact them for further inquiries on this matter. 

 
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