E-1/E-2 (Investment Visa)

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
 

Siyuan Chang