The Treaty Trader (E-1) and Treaty Investor (E-2) are temporary visas and very advantageous to those entering the U.S. who do not have or wish to have a U.S. employer sponsor them for a work visa and those with entrepreneur interests. In these types of visas, a foreign national can petition themselves or “self-petition” for the requested visa. This is especially advantageous for self-starter business persons who either start a business or purchase an existing business in the United States.
Law Office of Catherine Brown, LLC has been specializing in E-1 and E-2 visas in Colorado for small businesses, start up businesses and entrepreneurs for over a decade. We work with both US Embassies such as London, Mexico City, and many others and have a strong track record with E-2 investor visas.
There are many requirements for both the E-1 or E-2. To start with, the foreign national individual or corporation must be a national of a country with an existing trade/investment treaty with the U.S. Please click here for a list of countries that are eligible for an E-1 and/or an E-2.
E-2 Investor Visa
First, you must be a national of a country with a qualifying E-2 treaty with the United States. Please refer to the U.S. Department of State website for a most recent list.
If your country and the U.S. have the requisite treaty, then the following requirements must be met in order to obtain an E-2 visa:
• Applicant is a national of the treaty country
• Majority ownership (50%) of the U.S. company by the foreign national
• Owner must direct and develop the business
• Investment must be qualifying investment—controlled, at risk, committed, substantial
• Investment must not be marginal
• Business must be operational/almost operational
An E-2 visa is valid for two years and can be renewed indefinitely. The spouse and children of an E-2 visa holder also hold E-2 visa status and the spouse can obtain work authorization or a “work card” as a result. Essential foreign workers can also obtain E-2 status and must qualify in their own right for such a visa. For further information, you can refer to the U.S. Department of State website
An explanation of these requirements necessitates an immigration attorney’s expertise as the requirements can vary some depending on the type of business being invested in (Internet services versus traditional services or manufacturing) and the U.S. Consulate the foreign national is applying through. Most likely, the expertise of other individuals such as international tax accountants, corporate setup attorneys and foreign investment experts are likely and our office can be of service in this capacity as well, given our expertise with E-2s.
If you wish to buy or start a business in Denver or Boulder Colorado or anywhere in the United States and have questions about the E-2 Treaty Investor visa, contact Denver, Colorado immigration lawyer Catherine Brown to schedule a consultation. Contact us online or call us at 303-322-2117.
E-1 Trader Visa to enter the United States
An E-1 visa is a temporary visa for someone who may not have a substantial investment but trades either goods or services between his/her home country and the United States.
As with an E-2, a valid treaty must first exist between the Applicant’s country of nationality and the United States. Please refer to the U.S. Department of State link for a most recent list.
If your country and the U.S. have the requisite treaty, then the following requirements must be met in order to obtain an E-1 visa:
• Applicant is national of the treaty country
• Trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country.
• Majority ownership (50%) of the U.S. company by the foreign national
Trade must be substantial between the U.S. and home country
• The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant’s nationality.
• Applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills
A thorough explanation of these requirements requires an immigration attorney’s expertise as the requirements can vary some depending on the type of business being invested in (Internet services versus traditional services or manufacturing) and the U.S. Consulate the foreign national is applying through. Most likely, the expertise of other individuals such as international tax accountants, corporate setup attorneys and foreign investment experts are likely and our office can be of service in this capacity as well, given our expertise with E-1s and E-2s.
An E-1 visa is valid for two years and can be renewed indefinitely. The spouse and children of an E-1 visa holder also hold E-1 visa status and the spouse can obtain work authorization or a “work card” as a result. Essential foreign workers can also obtain E-1 status and must qualify in their own right for such a visa.
If you wish to trade in goods or services in Colorado or anywhere in the United States and have questions about the E-1 visa, contact Denver, Colorado immigration lawyer Catherine Brown to schedule a consultation. Contact us online or call us at 303-322-2117.