The E-1 and E-2 Non-Immigrant Treaty Visas

An E-1 Treaty Trader visa is for those wishing to undertake substantial trade, including the trading of technology or services, between the U.S. and the treaty country. An E-2 Treaty Investor visa is for those who intend to invest and work in a U.S. company or a U.S. company owned by other nationals of the applicant's home country.

Generally, to qualify for an E-1 or E-2 visas, you must have a minimum of $100,000 to invest in the U.S. and be a citizen of a treaty country. A treaty of commerce and navigation or a bilateral investment treaty providing for non-immigrant entry must exist between the treaty country and the U.S. Qualifying E-1 and E-2 visa holders are generally given a visa for a period of five years with possible two year extensions. Spouses and children are also provided visas, but children may not work unless they independently qualify for a work visa.

E-1 and E-2 non-immigrant visas do not by themselves result in permanent residence, but for those who are foreign nationals of treaty countries, these visas may provide excellent opportunities to gain lawful entry into the U.S. without the much larger investment required of an EB-5 immigrant visa.

Requirements: E-1 Visas (Treaty Trader)

• Applicant must be a national of a treaty country (this list changes; see www.uscis.gov for latest list)
• The firm for whom the applicant is intending to work in the U.S. must have the nationality of the treaty country
• The international trade must be "substantial" (the trade must be sizable and continuing)
• The trade must be principally between the U.S. and the treaty country (more than 50% of the international trade must be between the U.S. and the treaty country)
• The applicant must be employed in a supervisory or executive capacity or possess highly specialized skills essential to the efficient operation of the firm

Requirements: E-2 Visas (Treaty Investor)

• The investor must be a national of a treaty country.
• The investment must be substantial and sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
• The investment must be a real operating enterprise, not speculative or idle investment.
• The investment may not be marginal (it must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the U.S.)
• The investor 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. 
• The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity.

The EB-5 Immigrant Investor Visa

The EB-5 requires a considerable investment, and the application process is complex, but the result can be legal permanent residence. The applicant must invest a minimum of $1,000,000 in a commercial enterprise that will create at least 10 full-time jobs for persons authorized to work in the United States. Multiple foreign nationals may invest in the same enterprise, but they must each invest the required amount and account for at least 10 full-time jobs.

An EB-5 investor has 2 years to achieve the amount invested and the number of jobs created. Also, under certain circumstances, the minimum amount of investment over a two year period may be reduced to $500,000 if the new company is either located in a "targeted employment area" in need of economic help.

Katine & Nechman Can Help You Achieve Your Immigration Goals

If you are looking to invest in the U.S., contact Katine & Nechman L.L.P. in Houston, Texas to set up a consultation before deciding for which visa status you should apply. We can help you navigate the complicated immigration laws affecting investment visas and put you in contact with professionals who can help manage your investment and achieve your goals in the U.S.