E-1/E-2 (Investment Visa)
E-1 visa classification allows a national of a treaty country to be admitted to the United States solely to engage in international trade on his or her own behalf. E-2 visa classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a US business.

ELIGIBILITY CRITERIA

E-1 Visa
• You must be a national of a country with which the United States maintains a treaty of commerce and navigation; and
• You must carry on substantial trade*; and
• You must carry on principal trade** between the United States and the treaty country under E-1 classification
E-2 Visa
• You must be a national of a country with which the United States maintains a treaty of commerce and navigation; and
• You must have invested, or be actively in the processing of investing a substantial amount of capital *** in a bona fide enterprise in the United States
• You must be seeking to enter the United States solely to develop and direct the investment enterprise (by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device)


GENERALLY REQUIRED EVIDENCE

E-1
• Evidence showing the legitimate business entity in the treaty country
• Evidence showing the activity of principal trades between US entity(s) and your company
E-2
• Evidence showing the legitimate business entity in the treaty country
• Evidence showing the invested funds are not from criminal activity
• Evidence showing the ownership of the invested US company
• Evidence showing the investment enterprise is not marginal****


PROCEDURE

 
A. Change of Status in the United States
Stage 1: Collecting Evidence Stage 2: Submit Petition to USCIS Stage 3: Approval    
B. Consular Processing outside the United States
Stage 1: Collecting Evidence Stage 2: Submit a Petition to the US Embassy Stage 3: Interview at the US Embassy Stage 4: Approval/Return of Passport & Visa


TIME FRAMES

A. Change of Status in the United States
Stage 1 to Stage 2: about 2 months
Stage 2 to Stage 3: about 3 months
B. Consular Processing outside the United States
Stage 1 to Stage 2: about 2 months
Stage 2 to Stage 3: about 2 months (depending on the workload and processing time of the US Embassy you are applying to)
Stage 3 to Stage 4: about 1 week (depending on the workload and processing time of the US Embassy you are applying to)


EXCEPTIONS & NOTICE

A. Substantial Trade generally refers to the continuous flow of sizable international trade items, involving numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction. While monetary value of transaction is an important factor in considering substantiality, greater weight is given to more numerous exchanges of greater value
B. Principle Trade exists when over 50% of the total volume of international trade is between the United States and your company located in the treaty country
C. Trade generally refers to an exchange of goods, services, international banking, insurance, transportation, tourism, technology and its transfer, or some news-gathering activities
D. Substantial amount of capital is     
(1) a fund used to the total cost of either purchasing an established enterprise or establishing a new one; and     
(2) a fund sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise; and     
(3) a fund to support the likelihood that the treaty investor will successfully develop and direct the enterprise
E. Marginal Enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family
EB-1/NIW
Frequently Asked Questions(EB-1)
EB-1 (Extraordinary Ability)
EB-2 (NIW: National Interest Waiver)
EB-1 (Outstanding Researcher)
EB-1 (Adjudication Trend)
Start-Up VISA
J-1/H-3 (Trainee)
O (Extraordinary Ability)
Business Trips (Visa Waiver/ B Visa)
L-1 (Transferee)
E-1/E-2 (Trader/Investor)
H-1B (Professional)
TN/E-3 (Professional)
F-1 OPT
Start-Up Issues
Green Card (Employment)
EB-1 (Extraordinary Ability)
EB-1 (Multinational Executives)
EB-1 (Outstanding Researcher)
EB-2 (NIW: National Interest Waiver)
EB-2 (Advanced Degree Holders)
EB-3 (Skilled Workers)
EB-4 (Religious Workers)
EB-5 (Immigrant Investors)
Frequently Asked Questions (EB-2)
Green Card (Family)
IR-1 (Spouse of a U.S. Citizen)
IR-2 (Unmarried Child Under 21 Years of Age of a U.S. Citizen)
IR-5 (Parent of a US Citizen)
FB-1 (Unmarried Sons and Daughters of U.S. Citizens)
FB-2 (Spouses, Minor Children, and Unmarried Sons and Daughters of LPRs)
FB-3 (Married Sons and Daughters of U.S. Citizens)
Work VISA
E-1/E-2 (Work Visa)
E-3 (Visa)
H-1B (Visa)
H-3 (Visa)
L-1 (Visa)
O (Visa)
P (Visa)
R (Visa)
TN (Visa)
J-1 (Trainee)
Frequently Asked Questions (F-1)
Frequently Asked Questions (H-1B)
Frequently Asked Questions (E-2)
Frequently Asked Questions (L-1)
Investment VISA
E-1/E-2 (Investment Visa)
EB-5 (Immigrant Investors)
EB-5 (Regional Center Pilot Program)
Frequently Asked Questions (E-2)
Frequently Asked Questions (EB-5)
Student VISA
F-1 (Visa)
J-1 (Visa)
M-1 (Visa)
OPT/STEM Extension
Citizenship
N400 (Naturalization)
N470 (Preserve Residence for Naturalization)
Other Issues Affecting Immigrants

New York Office

575 Madison Avenue 23rd Fl
New York, NY 10022
TEL: 646.308.1215
FAX: 917.210.4001

New Jersey Office

120 Sylvan Ave. Suite 201
Englewood Cliffs, NJ 07632
TEL: 201.886.2400
FAX: 917.210.4001

Silicon Valley Office

1250 Oakmead Parkway,
Suite 210
Sunnyvale, CA 94085
Tel: 650.856.2500
Fax: 917.210.4001