What are the Two Types of E-Visas?
There are two types of E-Visas, namely the E1- Treaty Trader Visa and the E2-Treaty Investor Visa. The E1-Treaty Trader Visa allows an individual to enter the United States for the purpose of “furthering substantial trade that is international in scope.” On the other hand, the E2-Treaty Investor Visa is issued to an individual who has demonstrated “a substantial investment in the United States business that has been made by individuals or companies that are citizens of the treaty country”.
These visas are issued to applicants whose nationalities are one of those in the list of nations that the United States has a treaty with. Also, these visas are temporary in duration and non-immigrant in status.
What are the Qualifications for E-1 and E-2 Visa Applications?
In order to be qualified, the first step in the process is the determination that the company to employ the applicant would be qualified for E1 or E2 status. Once the company is qualified, any application for the visa must include the certification that the company is qualified.
The individual employee, to be qualified needs to be a national of a treaty country and the trading company must also have the nationality of the treaty country. The trade must be more than fifty percent of the international trade involving the United States and the applicant’s country of nationality. The applicant must be a supervisor or executive of the applicant company, or has highly specialized skills essential to the operation of the firm.
For the E2 Treaty Investor Visa, the investor must be a national of a fellow treaty company. The investment needs to be substantial to ensure the operation of the enterprise and the enterprise is a going-concern. The funds need to be committed to the enterprise itself. The investment is not marginal and can generate more income or significant economic impact.
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?
As a general rule, applications for visas to the United States must be applied at the Embassy or Consulate with jurisdiction over the applicant’s permanent residence. You can file your E-Visa application in another jurisdiction, but it may prove to be more difficult to obtain a visa as the priority is the nationals of the country.
The waiting time for a visa interview and visa processing varies from each Embassy and Consulate worldwide. You can seek out resources as to the application processing fee, review embassy specific instructions or the website of the Embassy or Consulate where you will apply.
In the America Expat Forum,, one of the expats stated last 11 August 2009, :
“The opinions are obviously not what you want to hear. Unfortunately, they’re pretty accurate. But it’s your own funeral, not mine.
The $250k would be the money it would take for an E2 visa. At the very, very least, you would need to invest $150k in the business, possibly more depending on the business plan. The rest you’ll need to live on until you start making some money. The investment money will have to be upfront and placed in escrow before you are issued with the visa. Have you actually got this sort of money available?
If there are two of you unmarried, you can probably increase the required investment by 25% or more.
If you’re doing it, find a US immigration attorney with proven experience of E2 visas from the Consulate where you are resident. You’re lucky you don’t have to go through London
Do tell us what “other things’ you have read.”
It is thus highly recommended that visa applications be made in the country of origin or permanent residence.
What are the Privileges I Could Enjoy as an E-1 or E-2 Visa Holder?
For both the E1 and E2 Visa recipients, the visa holder is granted legal permission to work in the United States with freedom to travel in and out of the country. The allowed time within the United States is up to two years and can be extended by application. The visa holder can also bring dependents into the United States.
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?
The E2 Investor Visa Minimum Investment Amount is normally pegged at an amount exceeding $200,000, depending on the type of business. The dollar amount should only be spent on the business and any other expenses not directly involved in the actual business itself will not be included in the computation of the required amount. The investment will not be considered substantial if it is not large enough to capitalize the venture. Upon conclusion of the venture, the visa holder and dependents, if any must return to their countries of origin or change their status.
For the E-2 Visa, should the Company already be Running or can I Start a Brand New Business?
There are a number of regulations that cover E2-Visas. The company should have already “real and active” by the time of the Visa application and the applicant should be in a position to “develop and direct” the enterprise. The investment must be at risk, meaning that the funds are placed for use by the enterprise in the hope to generate a return on said investment. The investment must be irrevocably committed and other assets as part of the investment in the real and commercial enterprise. The investment must not be marginal and has the ability to develop and direct the enterprise.
What are the Limitations for E-1 and E-2 Visas?
The general period for E1 Visas is for a five- year period subject to some exceptions. When granted outside the US, the visas are valid for one year except Mexico where issued E1 Visas are valid for six months. Renewals are granted for a length of two years so long as they are granted inside the US. The visa is valid and effective so long as the visa holder is affiliated in the same or greater capacity as when the petition was granted.
An E1 visa may be extended through leaving and re-entering the US or by applying for an extension with evidence as the company remains viable during the period of extension and the relevant treaty remains in force.
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?
Spouses and unmarried children under 21 years of age may receive derivative E2 visas to accompany the principal alien. They could also attend school and spouses can obtain gainful employment by virtue of January 16,2002. This can be allowed by filing an employment authorization, with evidence of the relationship to the alien visa holder.
It has been reiterated in America Expat Forum last 11 March 2009,
“So you just want the E-2 so you can accompany him is that correct”
This means that with an E2 visa, the spouse can accompany the principal visa holder and be either gainfully employed or go to school.
If I am Not Married to my Partner, will He/She still be Allowed to Accompany Me?
Unfortunately only a valid and subsisting marriage should be in effect before a person is considered your spouse for the purposes of visa applications.
Will it Raise Questions if My Children and Spouse Use a Different Surname than I Do?
The Consulate or Embassy would require that you present 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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