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E-1 and E-2 Visas for Trade Treaty Investors

How often do you have to renew the visa? Do I have to leave the country to renew it?

The visa will be granted for an initial period which is currently generally one or two years. Although this visa can be renewed indefinitely, the renewal process is not automatic. At the end of each period, the marginality of the company's operations will be evaluated to authorize the renewal of the visa. The investment in question must produce enough income to be able to support not only the investor's own family, but must also produce enough income to support the company's employees and their families. To maintain your legal status, you can file your Form I-94 locally without leaving the United States. This will give you an extension of your legal stay for a period of two years without the need to return to the consulate of your country of origin to carry out this extension. In this case there will not be a face-to-face interview, but USCIS officers will want to verify from the documents presented that the visa holder has a genuine investment (for example, that the business is properly filing its tax returns and paying wages). The documentation and evidence that you must present for this process will be similar to those presented for a renewal in a consular process. Please note that if the visa holder only extends their lawful presence through the I-94, this will not allow them to leave the country and return to the United States without first going through the Consulate in their home country to renew the visa. in the traditional way.

Can I get a Green Card or legal permanent residence through the E2 visa?

Although these visas can be renewed indefinitely by the investor, the E-1 or E-2 visa is a "nonimmigrant" visa. Consequently, this visa, unlike other visas, does not grant the right to apply for permanent residence or citizenship in the United States, regardless of how many years the investor and their family have spent legally living in the United States under this visa. However, the fact that the person is physically present in the United States could place the person in certain circumstances in which other avenues may present themselves to enable them to obtain lawful permanent residence. It is not unusual for a person who has spent many years in the United States to fall in love with a US citizen and get married. In that case, her legal spouse can petition through an I-130 petition (Petition for Alien Relative). It could also be the case for a young married couple who settles in the United States on an E2 visa and has children who are born in the United States. Children born in American territory will be considered citizens from birth and may also present a petition to their parents. However, in order for them to do so, they must be considered of legal age for immigration law purposes, which will happen once their children turn 21 years of age (although for other legal purposes in most In the United States, the age of majority is 18 years of age. The E-1 and E-2 visas are dual intent visas and, therefore, E visa holders can adjust their status in the United States by going from being a “nonimmigrant” resident to an “immigrant” resident (holder of the green card). Unlike other nonimmigrant visas such as the J (which require the visa holder to return to their home country for a period of two years), E visas allow for adjustment of immigration status without the need to leave the United States. USA. For example, if you are sponsored by an employer, you can complete your “PERM” process to obtain a green card without having to leave the country to adjust your immigration status.

What is the minimum investment amount required?

Unlike the EB5 investment visa, the E-1 and E-2 visas do not have a minimum investment amount or minimum number of employees determined by law. Virtually any business venture, as long as it is genuine, will be viable to apply for this visa. The investment must be proportional to the undertaking in question in order for it to be considered sufficiently financed. For example, a hotel complex would require a much larger investment than would be required for a restaurant. In the case of a company that sells manufactured products, more investment will be required to cover the inventory than in the case of a service provider company. E visas have been approved with investments as low as $50,000 and as high as several million. The smaller the investment, the more difficult it will be to get visa approval. Generally, an investment amount between 100 and 200 thousand dollars would be considered appropriate to obtain the E visa for a small commercial project. The key factor considered is whether the amount invested allows for the establishment of a business whose projected income is not merely marginal (i.e., the income is not only barely enough to cover the subsistence expenses of the investor and his family, but must also allow sufficient income). to cover the subsistence expenses of other families).

Will the investor be able to bring in employees from abroad?

The investor can bring foreign employees to work for his business. These employees must be nationals of the investor's home country and must provide proof that they are necessary for the start-up of the company due to their particular skills and knowledge. These employees will also receive E2 visas and will be able to legally enter the United States with their dependents (ie spouse and children under the age of 21). In general, when it comes to a new business, it is estimated that within five years it should be fully operational. However, the authorized period of employment for these employees (and therefore the duration of their visa) will be limited to the period necessary to launch the business (which generally cannot exceed the first three years). Consequently, these E2 visas for company employees are generally non-renewable under E2 status, but the company may choose to sponsor these employees to obtain lawful permanent residence (i.e., a green card).

Should the business be an existing business or venture, or can it be a new project?

The company can be a new project (for which a business plan must be submitted), or it can be an existing business acquired by the investor in the United States. Funds may partially originate from a loan, if the investor's personal credit is also compromised. Loans secured with future business income or billings would not qualify for an E visa. The investor must put his own capital at risk in the business venture he plans to conduct. The investor can also count on the capital contribution of other partners, which will not prevent him from applying for an E visa in his name as long as he is the main investor (that is, if he invests more than 50 percent of the amount in question or owns a percentage that gives him decision-making power in the company). In addition, the investor must be personally involved in the operation of the business. The investor cannot completely outsource the management of the business. The investor must have an active participation in the management of the company and must be generally involved in the financial and operational decisions of the company. The investor must have decision-making power over the hiring and dismissal of company personnel.

What is the minimum investment amount required?

Unlike the EB5 investment visa, the E-1 and E-2 visas do not have a minimum investment amount or minimum number of employees determined by law. Virtually any business venture, as long as it is genuine, will be viable to apply for this visa. The investment must be proportional to the undertaking in question in order for it to be considered sufficiently financed. For example, a hotel complex would require a much larger investment than would be required for a restaurant. In the case of a company that sells manufactured products, more investment will be required to cover the inventory than in the case of a service provider company. E visas have been approved with investments as low as $50,000 and as high as several million. The smaller the investment, the more difficult it will be to get visa approval. Generally, an investment amount between 100 and 200 thousand dollars would be considered appropriate to obtain the E visa for a small commercial project. The key factor considered is whether the amount invested allows for the establishment of a business whose projected income is not merely marginal (i.e., the income is not only barely enough to cover the subsistence expenses of the investor and his family, but must also allow sufficient income). to cover the subsistence expenses of other families).

Will the investor be able to bring in employees from abroad?

The investor can bring foreign employees to work for his business. These employees must be nationals of the investor's home country and must provide proof that they are necessary for the start-up of the company due to their particular skills and knowledge. These employees will also receive E2 visas and will be able to legally enter the United States with their dependents (ie spouse and children under the age of 21). In general, when it comes to a new business, it is estimated that within five years it should be fully operational. However, the authorized period of employment for these employees (and therefore the duration of their visa) will be limited to the period necessary to launch the business (which generally cannot exceed the first three years). Consequently, these E2 visas for company employees are generally non-renewable under E2 status, but the company may choose to sponsor these employees to obtain lawful permanent residence (i.e., a green card).

Should the business be an existing business or venture, or can it be a new project?

The company can be a new project (for which a business plan must be submitted), or it can be an existing business acquired by the investor in the United States. Funds may partially originate from a loan, if the investor's personal credit is also compromised. Loans secured with future business income or billings would not qualify for an E visa. The investor must put his own capital at risk in the business venture he plans to conduct. The investor can also count on the capital contribution of other partners, which will not prevent him from applying for an E visa in his name as long as he is the main investor (that is, if he invests more than 50 percent of the amount in question or owns a percentage that gives him decision-making power in the company). In addition, the investor must be personally involved in the operation of the business. The investor cannot completely outsource the management of the business. The investor must have an active participation in the management of the company and must be generally involved in the financial and operational decisions of the company. The investor must have decision-making power over the hiring and dismissal of company personnel.

Can I bring my trusted housekeeper or maid?

E1 and E2 visa holders often move to the United States with their families and minor children. When the spouse also works outside the home, sometimes these families need help with housework or child care. For these purposes, there is a particular visa that can be requested for your domestic employees so that they can accompany these families during their stay in the United States. The B-1 visa is available to domestic employees accompanying individuals with certain nonimmigrant visas, such as E visas. B-1 visas cannot be applied for by employers who are U.S. citizens or legal permanent residents (license holders). green card). B-1 is a very suitable visa for cases in which the nonimmigrant resident has in mind a particular trusted employee whom he or she would like to bring along with her family to the United States. Au Pairs are other options for getting help with childcare at home when the employer doesn't have a particular person in mind. Au Pairs enter with a J visa and must be sponsored by an entity registered with the Secretary of State. Au Pairs must be fluent in English and must have a high school degree and be between 18 and 26 years of age. The Au Pair will reside with the family providing up to a maximum of 10 hours a day (not more than 45 hours a week) of childcare for a period of one year, which can be extended for a further 6, 9 or 12 months. The Au Pair must complete at least 6 hours of academic credit at an institution of post-secondary education. The Au Pair will receive from the host family up to a maximum of $500 dollars to cover the costs of the required academic course, room and board, plus compensation for childcare.