Начало E Visas

Overview

The United States often signs treaties with other countries in order to promote trade and investment, which in turn encourages peaceful and mutually prosperous relations. Recently the U.S. has signed several Bilateral Investment Treaties with mainly former communist states, which were intended to foster investment but generally did not confer immigration privileges. Individuals or companies in countries involved in such treaties can apply for visas to work in the USA in order to build and manage their investment in and trade with the U.S. This class of visas is called E visas.

There are two types of E visa:
•The E-1 treaty trader visa, for companies that trade goods and services
•The E-2 investor visa, for individuals or enterprises that invest substantial funds in the U.S. with the prospect of creating jobs 


E visas can be used by companies owned by a single investor, or by large multinational companies. They are also available to key foreign personnel of companies that are owned by Treaty Foreign Nationals (TFNs), subject to the requirements listed below. A list of the currently valid TFN countries is provided below.

The E-1 Visa: Treaty Traders

The E-1 visa is intended to facilitate the temporary work authorization of non-U.S. citizens, to advance trade and investments between the U.S. and other nations with which the U.S. has signed treaties. Investors, business owners, managers and essential employees are able to obtain Trade Investment Visa and perform work here in the United States. By providing a way for substantial investors to establish businesses in the U.S, this stimulates the exchange of goods and services between the U.S. and other nations.  Aliens who are citizens of treaty signing nations (see the tables below) are referred to as Treaty Foreign Nationals, or TFNs, and  are eligible to receive an E-1 or E-2 visa, which allows those individuals to live and work lawfully in the United States for an extended period of time.

Who is Eligible?

American Corporate Services can help you obtain an E-1 visa if you fall into one or more of the following categories:

• Managers, executives or specialists for a company operating in the U.S.

• Key staff managing a U.S. branch of an affiliate

• Personnel sent by a treaty nation company to establish a U.S. company

In any case, the petitioner must demonstrate an existing substantial level of trade between a foreign country and the U.S. These requirements are designed to restrict E-1 visas to people who serve in a supervisory or executive capacity and whose positions require essential, high-level skills.  The opportunity for an E-1 visa has been extended to foreign nationals hoping to enter the U.S. for professional reasons.

To qualify for an E-1 trader visa, the applicant must be seeking entry into the United States to carry on “substantial trade in goods or services in a capacity that is supervisory or executive or involves essential skills.” You may be granted an E-1 visa if you meet all of the following requirements:
1.  You are a TFN, or at least 50% of your company is owned by TFNs;

2.  You enter the U.S. to carry on more than 50% of your trade between your U.S. business and a TFN country;

3.  This level of trade is already active at the time you apply for E-1 status; existing trade includes binding contracts which call for the immediate exchange of good or services;

4.  You perform executive or managerial duties or possess special skills that make your services essential to your employer’s business; and

5. You promise to depart the U.S. when this status changes.

The E-2 Visa: Investors


To qualify for an E-2 investor visa, applicants must “develop and direct operations of an enterprise in which he or she has invested or is actively in the process of investing a substantial amount of capital.” As a foreign citizen, you may be issued E-2 nonimmigrant visas if you meet all of the following requirements:
1.  You are a TFN, or at least 50% of your company is owned by TFNs;

2. You or your firm will invest or have invested substantial capital ($100,000 or more) which is at risk, meaning subject to potential loss if the business does not succeed, in a bona fide enterprise in the United States.

3. You hold an executive or managerial position in the firm, or possess special skills that make your services essential to the firm’s operations.

4. The investment in question is not your sole means of income, and is intended to create jobs for U.S. citizens or permanent residents.

5. The investment enterprise actually exists or you are actively in the process of investing.

6. You promise to depart the U.S. when this status changes.


Countries with Treaties for E-1 and E-2 Visa

Albania                             E-2
France                               E-1; E-2
Oman                             E-1; E-2
Argentina                 E-1; E-2
Georgia                                     E-2
Pakistan                        E-1; E-2
Armenia                            E-2
Germany                           E-1; E-2
Panama                                 E-2
Australia                   E-1; E-2
Greece                                       E-1
Paraguay                      E-1; E-2
Austria                     E-1; E-2
Grenada                                    E-2
Philippines                   E-1; E-2
Azerbaijan                        E-2
Honduras                         E-1; E-2
Poland                           E-1; E-2
Bahrain                             E-2
Iran                                    E-1; E-2
Romania                                E-2
Bangladesh                      E-2
Ireland                               E-1; E-2
Serbia                            E-1; E-2
Belgium                     E-1; E-2
Israel                                  E-1
Senegal                                 E-2
Bolivia                       E-1; E-2
Italy                              E-1; E-2
Singapore                      E-1; E-2
Bosnia & Herzegovina      E-1; E-2
Jamaica                                     E-2
Slovak Republic                   E-2
Brunei                               E-2
Japan                                E-1; E-2
Slovenia                         E-1; E-2
Bulgaria                            E-2
Jordan                              E-1; E-2
Spain                              E-1; E-2
Cameroon                         E-2
Kazakhstan                             E-2
Sri Lanka                                E-2
Canada                      E-1; E-2
Korea (South)                 E-1; E-2
Suriname                        E-1; E-2
Chile                          E-1; E-2
Kosovo                            E-1; E-2
Sweden                          E-1; E-2
China (Taiwan)        E-1; E-2
Kyrgyzstan                             E-2
Switzerland                    E-1; E-2
Colombia                  E-1; E-2
Latvia                               E-1; E-2
Thailand                        E-1; E-2
Congo (Brazzaville)                     E-2
Liberia                              E-1; E-2
Togo                              E-1; E-2
Congo (Kinshasa)                       E-2
Lithuania                                 E-2
Trinidad & Tobago                                 E-2
Costa Rica                E-1; E-2
Luxembourg                    E-1; E-2
Tunisia                                  E-2
Croatia                      E-1; E-2
Macedonia, the Former Yugoslav Republic of (FRY)                           E-1; E-2
Turkey                           E-1; E-2
Czech Republic                E-2
Mexico                             E-1; E-2
Ukraine                                 E-2
Denmark                    E-1; E-2
Moldova                                 E-2
United Kingdom          E-1; E-2
Ecuador                             E-2
Mongolia                                E-2
Yugoslavia                   E-1; E-2
Egypt                                 E-2
Montenegro                   E-1; E-2
Estonia                      E-1; E-2
Morocco                                 E-2
Ethiopia                     E-1; E-2
Netherlands                    E-1; E-2
Finland                      E-1; E-2
Norway                            E-1; E-2


Duration of the E Visa


Both E-1 and E-2 visas are generally issued for five years, but this term can be extended by a U.S. consulate or embassy. Initially, admission is granted for each entry to the U.S. for a period of two years during the life of the visa, and extensions may be issued for up to two years at a time. Traders and investors can remain in the United States indefinitely, so long as they maintain their eligibility and treaty status.

Spouses and Minor Children

The spouses and unmarried minor children of petitioners are also eligible for E visas. Spouses may seek U.S. employment authorization from USCIS, but minor children are not eligible for employment in the United States.

Unauthorized employment will not cause their deportation, as in the case of a spouse or child who holds a B, TN, or H visa, and in addition, servants of the E visa holder can be issued B-1 visas with work authorization.

Domestic workers of an E-1 visa holder can be eligible to continue working for their employer, under the terms of a B-1 visa.

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