E-1 Treaty Traders / E-2 CNMI Investor Visas

Nationals of countries with such Treaties with the United States can obtain visas to work in the USA in order to develop and direct their investment in and/or trade with the USA. Such visas are called E-visas come in two types;

a) E-1 Treaty Traders

An E-1 Treaty Trader visa is appropriate for nationals of a country with which the United States has an appropriate treaty of commerce and navigation or equivalent pact. The foreign national must be coming to the U.S. to carry on substantial trade, including trade in services or technology, chiefly between the U.S. and the treaty country.

To apply for this type of visa;

  • You must be a citizen of a treaty country.
  • The trading firm for which you plan to come to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise.
  • The international trade must be substantial, meaning that there is a sizable and continuing volume of trade.
  • More than 50 percent of the international trade involved must be between the United States and the treaty country.
  • Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
  • You must be an essential employee, employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

List of the countries which have treaties with the United States is as follows:

Argentina China (ROC) France Italy Netherlands Sweden
Australia Colombia Germany Japan Norway Switzerland
Austria Costa Rica Greece Korea Oman Thailand
Belgium Denmark Honduras Latvia Pakistan Togo
Bolivia Estonia Iran Liberia Philippines Turkey
Brunei Ethiopia Ireland Luxembourg Spain U.K.
Canada Finland Israel Mexico Suriname Yugoslavia

 

b) E-2 CNMI Investor Visas

This visa type allows an entity to enter and labor inside of the United States based on an investment he/she will be controlling. E-2 must generally be renewed every two years, however there is no limit to how many times one can renew. The investment must be “substantial”. Investment must be “substantial”. There is no minimum amount, but generally 150.000USD in the US is considered as substantial. Investor visas are available only to treaty countries.

These are as follows:

Argentina China (ROC) Georgia Kyrgyzstan Pakistan Switzerland
Armenia Colombia Germany Latvia Panama Thailand
Australia Congo Grenada Liberia Philippines Togo
Austria Costa Rica Honduras Luxembourg Poland Trinidad and Tobago
Bangladesh The Czech Republic Iran Mexico Romania Tunisia
Belarus Ecuador Ireland Morocco Senegal Turkey
Belgium Egypt Italy Moldavia The Slovak Republic The Ukraine
Bosnia-Herzegovina Estonia Jamaica Mongolia Spain United Kingdom
Bulgaria Ethiopia Japan Netherlands Sri Lanka Uzbekistan
Cameroon Finland Kazakhstan Norway Suriname Yugoslavia
Canada France Korea Oman Sweden

 

To apply for this type of visa:

  • The investor (either a person, partnership or corporate entity) must have the citizenship of a treaty country.
  • If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality.
  • The investment must be substantial, with investment funds or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise.
  • The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
  • It must generate significantly more income than just to provide a living to you and family, or it must have a significant economic impact in the United States.
  • You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
  • You must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

For more information about E-1 and E-2 visas, please feel free to contact us at +1 (212) 245-7070 or e-mail us at info@ogmenlaw.com. We will be happy to inform you, help you with your questions and take your first step together through this process.

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