E1 and E2 Visas
The E category is very useful to business owners, managers, and employees who want to be able to stay in the US for extended periods of time to work in a new US enterprise, an existing US enterprise or to trade between the US and a foreign country (that is E2 Treaty eligible).
E-2 U.S. Treaty Investors Visa Benefits:
Under the E-2 Treaty Investors visa, a person can enter U.S. for an indefinite amount of time-based on the treaty of friendship, commerce, and navigation between the U.S. and country of applicant’s nationality. The E2 business in the United States can be virtually in anything – product based or service based. You can have an E2 business in any US state. You do not need to have a foreign company in order to be eligible for E2 visa/petition.
E-2 Visa Facts:
- Dependents ((Spouse and Children) are given US Immigration status)
- E-2 Visa can be renewed indefinitely the initial duration of stay varies.
- Majority ownership or control of the investing or trading E2 US company must be held by nationals of the country the treaty country.
- Treaty citizenship must be held by each employee or principal of the country who seeks E status under the treaty (The principal investor or trader and employees of the enterprise must have the same nationality – for example, if the principal E2 holder is Irish, and the employee is Italian, the Italian employee does not qualify for E2 status.)
Can I obtain a green card under my E2?
Once your E2 is approved our office will strategize with you on how to obtain the green card. We speak to many people who mistakenly believe either through misinformation on the internet or through speaking to an attorney who misinformed them that they cannot obtain a green card under the E2. You and your family can petition for your green cards via a few options while in E2 status. To learn more about these options book an appointment to speak with an attorney in our office.
E-2 U.S. Treaty Investors Visa Eligibility:
In order to be eligible for the E-2 Treaty Investors visa, a treaty must exist between the US and the country of the applicant’s nationality so visa applicants must hold citizenship in a treaty country and also meet certain eligibility requirements.
An E-2 visa petition can be filed either with USCIS (if you are already inside the United States).
The visa can be lodged with a US consulate abroad.
There are various pros and cons in filing an E2 with USCIS or the US consulate; for starters, USCIS will issue the E2 in two-year increments, the US Consulate/Embassy will issue the E2 in either five/ three-year increments typically. For a full understanding of the pros and cons of where to file your E2 Visa speak to Attorney Caro Kinsella about a personalized E-2 Investor Visa strategy and legal consultation. and her team for further information.
E-1 (Treaty Trader):
The E-1 visa is for a national of a country with which the United States (U.S.) maintains a treaty of commerce and navigation who is coming to the U.S. to carry on substantial trade, including trade in services or technology, principally between the U.S. and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital, under the provisions of the Immigration and Nationality Act.