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INVESTORS VISAS
E visas are available to the nationals of certain countries where a treaty of "freedom,
commerce and navigation" or a bilateral investment treaty is in effect between the
applicant's home country and the United States. Currently 79 countries in the world
have entered into such treaties with the United States. Some treaties provide only
for treaty trader status (E-1); treaty traders must engage in substantial trade in goods
or services with their home country. Other treaties provide for only treaty investor
status (E-2): Treaty investors need only to make a substantial investment in a U.S.
enterprise. Some countries are signatories to both types of treaties, accordingly
nationals of those countries are eligible for either E-1 or E-2 visas. E visas can be
extended indefinitely as long as the U.S. company continues in operation, and the
spouse of E visas holders are eligible for E visas. E visa holders must
establish that they intend to depart the United States upon expiration of their visas,
but need not establish that they have a maintained a residence in their home country
during their stay. The employees of E visa holders are also entitled to E visas as long
as they share the nationality of the principal investor and will be working in either an
executive, supervisory or essential skills position.
In order to qualify for an investor visa, an applicant must prove the following:
- That the company has the nationality of a country which is a treaty
signatory. A business that is at least 50% owned by nationals of a treaty country
will be eligible for E status.
- Treaty traders must establish the presence of existing substantial trade
principally between the treaty country and the United States. Prior to issuance
of the visa, "substantial trade" can be established by successfully negotiated contracts.
- Treaty investors must establish that they have irrevocably committed
substantial funds over which they have control to a U.S. based business which
they will develop and direct. Applicants must show that their investment is in
a bona fide enterprise that has a present or future capacity to make a significant economic impact.
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