E2 and E1 visas are non-immigrant visas. Nationals of certain countries qualify for the E visa. For example, nationals of South Africa, Portugal do not qualify for the E2/E1 visa. Greek nationals have not treaty relationship for the E-2. Nationals of Canada, United Kingdom, Australia, Pakistan qualify. If the applicant is a business, it must be 50% owned by a national of the Treaty country. If the applicant is an employee of a company, both the person and company must be from the same treaty country.
UK Nationals: must be able to show residence (other countries do not require this). If you have only a UK passport and no UK residence, then you will have a very hard time getting an E visa approved.
The difference between filing with a US Consulate or with USCIS:
Most consulates will issue an E visa for up to 5 years. The maximum period for an E visa depends on the reciprocity of the alien’s country of nationality. For example, French Nationals: The time granted under the E visa has been reduced.
When you file with USCIS for either a change of status to E classification or an extension; they will approve for up to 2 years only. This is why it so important to discuss your case with Caro to ensure you can file outside the States as typically more time is granted by U.S. Immigration.
E-1 visa:
If you wish to carry on substantial trade in the US and is between the treaty country. Trade is either services (consulting, accounting, legal etc.) or goods. There must be an actual exchange of commodities such as money, services for it to be considered trade. The trade must be international (this is an exchange of items for trade between the foreign country and the US).
E-2 visa:
If you wish to develop and direct a US business, you have invested into. The business can either be a start-up business or you can purchase into an existing US business such as a franchise.
Investment:
The investment must be substantial, US Immigration does not give a specific dollar amount to define substantial. For example, an investment figure exceeding $100,000 does not guarantee an approval. One consulate may consider an investment substantial, and another may not. There are many different ways to support an E-2 investment; for example you can be gifted the funds, a silent partner can front the funds, multiple investors can pool together etc.
The E investment funds must be irrevocably committed. For example, holding funds in escrow to establish commitment of funds is permitted. If you only intend to invest uncommitted funds or you simply have your funds sitting in a bank account this will not be sufficient.
Adjudicating officers will want to see the investment is sufficient to ensure a successful operation of the US enterprise. You must invest into a real operating business. Idle investments do not qualify. For example, owning undeveloped land is not an investment. The enterprise must be able to show a financial return higher that that just supporting the investor’s family. The investor must have control of the funds (funds can be gifted, loaned, inheritance, contest etc.). If you secure a loan with the assets of the business for example this will not qualify.
Employees of E-2 and E-2 principal applicants:
An employee must be coming to the US to engage in duties or an executive or supervisory capacity or if you are employed at a lesser capacity, you must have special qualifications/skills which are essential to the operation of the US enterprise. Do you have a long-term need or a short-term need for your employee?
Derivative Spouse admission Codes:
When admitted to the US under an E classification new codes for admission went into effect on January 31, 2022. We still applicants being admitted incorrectly under the old admission E2 status. Please view the admission stamp entered in your passport before walking away it will save you time having to go to a deferred inspection site to have amended.
- Spouse of E-1: E-1S
- Child of E-1: E-1Y
- Spouse of E-2: E-2S
- Child of E-2: E-2Y
- Spouse of E-3: E-3S
- Child of E-3: E-3Y
Forms if you file with USCIS:
- I-129 Petition for non-immigrant worker
- I-907 Request for Premium Processing Service
Forms if you file with the Consulate:
- DS-160 online electronic visa application form
- DS-156E (for all principal applicant E-2 employees): E-2 employees are also required to complete and submit
- A copy of the payment receipt showing that the MRV fee has been paid
Dependents:
Spouse and dependent children (unmarried and under age 21) are permitted to engage in activities such as enroll and attend school. The spouse is permitted to apply for work authorization. An approved EAD permits the dependent spouse to work for anyone in the United States.
Green card:
Legal permanent residence is also permitted learn how you qualify by speaking to us.
Fake News:
An I-797 USCIS approval notice is evidence of you qualifying for an E1/E2 visa stamp when you depart the United States. The approval notice has little value because when you apply at the consulate for the E-2 or E-1 you are reapplying, and your case will be re-adjudicated at the embassy.
This is a great visa for long term stays in the US, unlimited renewals, there is also no requirement that an employee have a previous employment history with the organization. There are lots of different ways to qualify for the investment amount. Speak with Caro, and she will go through whether, based on your investment, business idea and documentation, you satisfy the E requirements.
