E Investor Trader Visa

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E-1 Trader Overview

The E-1 treaty trader visa allows an individual to come to the U.S. for the purpose of furthering substantial trade that is international in scope. The trade must be primarily between the United States and the treaty country where the person holds citizenship.

E-1 treaty countries at this time include the following: Argentina, Australia, Austria, Belgium, Bolivia, Brunei, Canada, Colombia, Costa Rica, Denmark (does not include Faroe Islands or Greenland), Estonia, Ethiopia, Finland, France (includes Martinique, Guadaloupe, French Guiana and Reunion), Germany, Greece, Honduras, Ireland, Israel, Italy, Japan (includes Bonin and Ryukyu Islands), Korea, Latvia, Liberia, Luxembourg, Mexico, Netherlands (includes Aruba and Netherlands Antilles), Norway (does not include Svalbard), Oman, Pakistan, Paraguay, Philippines, Spain (applies to all territories), Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Turkey, United Kingdom (applies only to British territories in Europe), and Yugoslavia (valid for new Republics that arose out of former Yugoslavia). Iran is also a treaty trader country, however the treaty is inoperative because of the Executive Order preventing trade with Iran.

In order for a business to qualify to utilize E-1 visas, the company must demonstrate that the U.S. business has created substantial trade between the U.S. and the treaty country. Trade is not limited to goods and services and must be principally with the treaty country. This means that more than 50% of the total volume of international trade done by the U.S. business must be between the U.S. and the treaty country. If the U.S. entity is a branch office, then the foreign business must have more than 50% of its trade with the U.S.

At least 50% of the U.S. entity must be owned by non-U.S. resident nationals of the treaty country. If the company is publicly traded, the firm's nationality is considered to be that of the country in which the firm's stock is listed and traded.

E-2 Investor Overview

The E-2 treaty investor visa allows an individual to come to the U.S. for the purpose of furthering a substantial investment in a U.S. enterprise made by individuals or businesses that are citizens of a treaty country.

E-2 treaty countries at this time include the following: Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Colombia, Congo (Brazzaville), Congo (Democratic Republic of), Costa Rica, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France (includes Martinique, Guadaloupe, French Guiana and Reunion), Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan (includes Bonin and Ryukyu Islands), Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands (includes Aruba and Netherlands Antilles), Norway (does not include Svalbard), Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Spain (applies to all territories), Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom (applies only to British territories in Europe), and Yugoslavia (valid for new Republics that arose out of former Yugoslavia).

In order for a business to qualify to utilize E-2 visas, the company must demonstrate that a substantial investment in the U.S. business has been made by individuals or companies that are citizens of the treaty country. In order to be considered a substantial investment, the funds must be "at risk". Whether the actual amount invested is substantial depends on the type of business and is weighed based upon a variety of factors. In addition, the investment must not be "marginal" (not made solely for the purpose of earning a living).

Similar to the E-1, at least 50% of the U.S. entity must be owned by nationals of the treaty country in order to qualify to utilize E-2 visas.

Applying for an E-1 or E-2

Before an individual can apply for an E-1 or E-2 visa, the company in the United States where he or she will work must become E-1 or E-2 qualified. An initial request to qualify the U.S. company for E-1 or E-2 status must be filed together with at least one individual's E-1 or E-2 application at the U.S. Embassy or Consulate that has jurisdiction over the treaty country. Once the company is E-1 or E-2 qualified, any nationals of the treaty country who will work for the qualified U.S. entity may apply for E-1 or E-2 visas at the appropriate U.S. Embassy or Consulate.

Once the company is E-1 or E-2 qualified, an individual who is a national of the treaty country can apply for an E-1 or E-2 visa if he or she is coming to work as an executive or supervisor, or an essential employee. The individual does not have to be employed by the company abroad in order to qualify for E-1 or E-2 status.

E-1 and E-2 visas can be issued for up to five years and are renewable indefinitely as long as the company and the individual continues to qualify for E-1 or E-2 status. Upon each entry to the United States, E-1 and E-2 visa holders are generally granted two years of E status on Form I-94 as long as the E-1 or E-2 visa is valid at the time of entry.

Spouses and dependent children under 21 of E-1 or E-2 visa recipients are also eligible for E-1 or E-2 dependent visas. Moreover, E spouses are eligible to apply for employment authorization after they enter the United States.

E-1 or E-2 nonimmigrants who do not plan to travel internationally may apply to extend their status for up to two years by filing an application with the Immigration & Naturalization Service.

E-3 Overview

The E-3 visa program mirrors the Singapore and Chile H-1B free trade visas that were created last year, but benefits from a 10,500 cap separate from the H-1B cap. The regulation establishes the following requirements for an E-3 visa:

1. The E-3 applicant must be an Australian national.
2. The position offered by the U.S. employer must meet the same "specialty occupation" requirements as established by the H-1B program. Therefore, this category will only apply to professional level positions (typically requiring a Bachelor's degree or higher).
3. The E-3 applicant must present evidence of academic or other qualifying credentials for the specialty occupation to the consular officer.
4. Prior to filing, the employer will need to secure wage and working condition approval from the Department of Labor using the Labor Condition Application process. The original Labor Condition Application must be submitted to the Consular officer as part of the application package. Certified copies are permitted by discretion.
5. The employer must detail in writing the job offer, wage and specialty occupation requirements.
6. Spouses and children of E-3 nonimmigrants are eligible for E-3 dependent visas. Dependents can be any nationality, i.e. they do not need to posses Australian citizenship. E-3 spouses are eligible to apply for E spousal work authorization once in the U.S. under the same process established for spouses of E-1/2 employees. The spousal work authorization is not limited to a specialty occupation or a specific employer. E-3 visas issued to dependents are not counted towards the annual 10,500 allocation.
7. The E-3 category is exempt from the six year H-1B time limit and can be renewed indefinitely. However, E-3 visas require "nonimmigrant intent" meaning that the visa holder must demonstrate an intention to depart from the United States upon the termination of the E-3 status. It is therefore possible that E-3 status might be rejected if the applicant has indicated an intention to immigrate to the United States.

Jacobson & Han LLP, Los Angeles Work Visa, Immigration Lawyer, Los Angeles Deportation Lawyer, Los Angeles Visa Lawyer. Call our immigration attorneys at (213) 620-0222 for a telephonic or in-person immigration consultation.  CONSULTATION@GREENCARD4YOU.COM

Even though we are located in Los Angeles, California, we can process most US (USA) immigration petitions regardless of where you are located or where you plan to reside in the USA.       Our offices are located in Los Angeles & Encino, Los Angeles County, close to the following cities and more: Adams , Agoura Hills, Alhambra, Aliso Viejo, Anaheim, Arcadia, Arleta , Artesia, Atwater Village , Avalon, Azusa, Balboa, Baldwin Park, Barnes City , Bel Air , Bell, Bell Gardens, Bellflower, Benedict Canyon, Beverly Glen , Beverly Hills, Boyle Heights, Bradbury, Brea, Brentwood, Buena Park, Burbank, Calabasas, Canoga Park, Carson, Cerritos, Chatsworth, Chinatown , Claremont, Coldwater Canyon, Commerce, Compton, Corona Del Mar , Costa Mesa, Coto de Caza, Covina, Crenshaw , Cudahy, Culver City, Cypress, Dana Point, Diamond Bar, Dove Canyon, Downey, Downtown Los Angeles , Duarte, Eagle Rock , Echo Park , El Monte, El Segundo, El Sereno , Encino , Expo Park , Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Gardena, Glassell Park , Glendale, Glendora, Granada Hills , Green Meadows , Hancock Park , Harbor City , Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Highland Park , Hollywood , Huntington Beach, Huntington Park, Industry, Inglewood, Irvine, Irwindale, Koreatown , La Brea , La Canada Flintridge, La Habra, La Habra Heights, La Mirada, La Palma, La Puente, La Verne, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Balboa , Lake Forest, Lakeview Terrace , Lakewood, Lancaster, Lawndale, Lincoln Heights , Little Tokyo , Lomita, Long Beach, Los Alamitos, Los Angeles, Los Feliz, Lynwood, Malibu, Manhattan Beach, Mar Vista , Maywood, Miracle Mile, Mission Hills, Mission Viejo, Monarch Beach, Monrovia, Montebello, Monterey Park, Mount Olympus , Newport Beach, Newport Coast, North Hills , North Hollywood , North Shoestring , Northridge , Norwalk, Orange, Pacific Palisades , Pacoima , Palmdale, Palms, Palos Verdes Estates, Panorama City , Paramount, Park La Brea , Pasadena, Pico Rivera, Placentia, Playa del Rey , Pomona, Porter Ranch , Portola Hills, Rancho Palos Verdes, Rancho Park , Rancho Santa Margarita, Redondo Beach, Reseda , Rolling Hills, Rolling Hills Estates, Rosemead, San Clemente, San Dimas, San Fernando, San Gabriel, San Juan Capistrano, San Marino, San Pedro , Santa Ana, Santa Clarita, Santa Fe Springs, Santa Monica, Seal Beach, Sepulveda , Sherman Oaks , Sierra Madre, Signal Hill, Silverlake, South El Monte, South Gate, South Park , South Pasadena, South Vermont , Stanton, Studio City , Sun Valley, Sunland, Sylmar , Talega, Tarzana , Temple City, Thousand Oaks, Toluca Lake , Torrance, Trabuco Canyon, Tujunga , Tustin, Valley Glen , Valley Village , Van Nuys , Venice, Vermont Square , Vernon, Villa Park, Walnut, Warner Center , Watts , West Adams , West Covina, West Hills, West Hollywood, West Los Angeles , Westchester, Westlake, Westlake Village, Westminster, Westwood , Whittier, Wilmington , Winnetka , Woodland Hills and Yorba Linda.

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