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E1 and E2 Visas - Comprehensive Guide

A U.S. company that qualifies as a Treaty Investor (E-2) or a Treaty Trader (E-1) may hire a citizen of a treaty country as a skilled essential worker, essential employee, executive, supervisor, or manager. In all cases, the employer must meet the requirements to qualify as an investor or trader.

The Treaty Trader (E-1) visa or the Treaty Investor (E-2) visa is for a national of a country with which the United States (US) maintains a trade and navigation treaty.

The E-2 visa is granted to a foreign citizen who invests in the set up or purchase of an existing business in the United States, while the E-1 visa allows a foreign citizen to trade goods or services between his or her country of citizenship and the United States from within the United States.

To get more information about these visas, you can contact our E-1 and E-2 Visas Lawyer in Miami at One People Law.

As an E-1 or E-2 employee, you can come as:

  • An executive or supervisory employee, either
  • An essential employee with specialized skills

There are also the following requirements:

  • The employee must be a citizen of the same country as the employer;
  • The employer, who is not a resident abroad, must maintain E status in the United States.

Essential Employee: Demonstrating Your Expertise

When evaluating the executive or supervisory aspect of the essential employee’s future position, the adjudicating officer will primarily look at the title, job description with detailed duties, his or her place in the company’s organizational structure, and the number and skill level of the employees. The employee will monitor the salary offered and the applicant’s previous experience at an executive or supervisor level. Additionally, the official will examine the true nature of the position, whether it is primarily an executive or supervisory position or an incidental function.

With the help of our Experienced E-1 visa lawyer in Miami, the essential employee applicant must demonstrate that they possess the specialized skills. These skills are essential to the efficient operation of the U.S. business. Various factors, such as the degree of expertise and experience in the specialized field, the uniqueness of these skills, future employment obligations, and the expected salary for the position to be filled, are taken into account.

The duration of essentiality may vary from company to company, and the applicant will have to demonstrate that a US worker cannot be trained for this particular position within the requested visa period.

In One People Law, our E-1 and E-2 Visas Lawyer in Hialeah holds extensive experience filing E-2 employee applications with various consulates, as well as E-1 employee applications. Our keyword lawyers can help you with the presentation of your application, no matter where you go to work.

E-1 Visa: Treaty Traders’ Purpose

The E-1 visa is designed specifically for nationals of countries with which the United States maintains a trade and navigation treaty. This visa allows individuals or employees of certain companies to enter the country to carry out significant international commercial exchanges between the United States and the country of the visa holder.

Our Experienced E-1 visa lawyers in Hialeah will help you navigate the intricate requirements for obtaining this visa.

Main Requirements:

  1. Substantial and Continuing Trade: The visa holder must demonstrate substantial and continuous trade between the United States and his or her country of origin. This includes the international transfer of goods, services, or technology.
  2. Nationality and Treaty: Only citizens of countries that have a trade agreement with the United States can apply for this visa.
  3. Position in the Company: This can be either the business owner or a key employee. If he is an employee, he must perform supervisory or executive functions or possess skills essential to the business.

Case Example:

As an example, our Experienced E-1 visa lawyer in Fort Lauderdale could help a Colombian company that sells leather products to the United States expand its operations in this country. If the company hires a Colombian manager to move to the United States and oversee the company’s operations, the manager can apply, with our help, for an E1 visa because he is a citizen of a country with which the United States has a treaty of commerce and navigation and because the company conducts substantial trade between the United States and Colombia.

E-2 Visa: Treaty Traders’ Purposes

While the E-1 focuses on trade, the E-2 visa is intended for those investors who wish to enter the United States to develop and run a business in which they have invested, or are in the process of investing, a considerable amount of capital.

You can consult our E-1 and E-2 Visas Lawyer in Fort Lauderdale to learn more about the requirements for this visa.

Main Requirements:

  1. Substantial Investment: The investor must have invested or be in the process of investing a significant amount of capital in a business in the United States. The investment must be large enough to ensure the applicant’s financial interest in the success of the company.
  2. Investment Risk: The invested capital must be at risk of loss, and the investor must be close to starting commercial operations.
  3. Nationality and Treaty: As with the E-1 Visa, only nationals of treaty countries can apply for this visa.
  4. Development and Direction: The applicant must demonstrate that he will enter the United States to develop and direct the investment. This is usually explained by showing at least 50% ownership of the business or possessing a controlling role in the company.

Case example:

As an example, E-1 and E-2 Visas Lawyer Miami Gardens of One People Law could help a Mexican businessman who wants to invest $1 million in a technology company in the United States. The businessman is able to apply for an E2 visa because he is a citizen of a country with which the United States has a trade and navigation treaty and because the investment is substantial.

Comparison and Differentiation Between E-1 and E-2

While both E-1 and E-2 visas are temporary and do not offer a direct path to permanent residency, they have varying durations and renewals based on specific treaties with each country. Furthermore, while the E-1 emphasizes the volume and number of commercial transactions, the E-2 visa focuses more on the amount of investment and economic impact in the United States.

E1 and E2 visas offer several advantages to international entrepreneurs, including:

  • They allow entrepreneurs to travel to the United States to conduct business or invest in a U.S. company without having to apply for an immigrant visa.
  • They allow entrepreneurs to remain in the United States for a period of up to 5 years, with the possibility of extending the visa for additional periods.
  • They allow business people to bring their family members to the United States to accompany them.

If you are an international entrepreneur interested in obtaining these visas, connect with experienced E-1 and E-2 visa lawyers in Miami Gardens for the proper assistance.

An Opportunity for International Entrepreneurs

Choosing between the E-1 and E-2 visa will depend on the applicant’s primary purpose. If you want to focus on international trade, the E-1 is the most suitable. If you are looking to invest and run a business in the United States, you need to consider the E-2. In any case, our E-1 and E-2 Visa Lawyer in Opa Locka will help you understand the specifications and requirements of each visa to ensure a successful application.

At One People Law, we are a group of lawyers with vast experience in immigration law. We advise and represent clients in matters related to visas, residences, and other immigration procedures. Our background includes working with individuals and companies of various nationalities, helping them navigate the complex legal system of the United States.

Our Experienced E-1 visa lawyers in Opa Locka facilitate your immigration process and maximize your chances of success. If you are considering immigrating, renewing a visa, or facing any challenges related to immigration to the United States, connect with the best immigration lawyers immediately.

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