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Visas

There are many types of Visas that allow families and individuals to
move to the U.S.
We have found one of the best and simplest is the E-2 Visa.

What is an E-2 Visa?

For an E-2 Visa, the applicant must have invested or must be investing in a bona fide enterprise. Applicants should not be coming to the US solely in connection with the investment of a small amount of capital in a marginal enterprise for the primary purpose of earning a living. If the applicant is an employee, an individual or company that has made a substantial investment
in a business enterprise in the US must employ him or her in a responsible capacity. Unlike other types of non-immigrant visas, the E Visas do not require the alien to establish that he or she is proceeding to the US for a specific temporary period of time. The regulations merely require that the alien demonstrate intent to depart upon termination of his or her status. In addition, the E Visa applicant need not demonstrate that he or she has a residence in a foreign country which he or she has no intention of abandoning. There should be some indication however that the alien will eventually return to his or her country upon the termination of their stay in the US.

Countries with Treaties for E-2 Visas

Albania, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Democratic Rep. of the), Congo (Rep.), (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Gibraltar, Grenada, Haiti, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldavia, Mongolia, Morocco, Mozambique, Netherlands, Netherlands Antilles, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Russian Fed., Senegal, Serbia Montenegra,
Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobag Tunisia, Turkey, Ukraine, United Kingdom, Uzbekistan, Yugoslavia, Wallis & Futura Islands, Western Sahara

Qualifications for E-2 Visa

To qualify for an E-2 Investor Visa, the applicant must "develop and direct operations of an enterprise in which he or she has invested or is actively in the process of investing a substantial amount of capital." As a foreign citizen, you maybe issued an E-2 Non-immigrant Visa if all of the following requirements are met:

1. You or the firms are Treaty Foreign Nationals (Treaty Foreign Nationals own at least 50% of the company stock).

2. You or the firm for which you work will invest or have invested substantial capital (generally in excess of $100,000) that is at risk. Meaning, that the investment is subject to potential loss if the business does not succeed in a bona fide enterprise in the United States. The term "substantial" means:

The investment must be significantly proportional to the total investment (usually more than half of the value of the business), or an amount normally considered necessary to establish a new business.

3. You must engage in executive or managerial duties or possess special skills that make your services essential to the employers operations.

(a) An executive position provides the employee great authority to determine the policy of and direction for the business or a major component of the business. The executive functions must be the primary functions of the
employee, and not just incidental or collateral to other duties.

(b) A supervisory position grants the employee ultimate control and responsibility for a large proportion of the enterprises operations or a major component of the enterprise. It does not involve the supervision of
low-level employees. The supervisory element of the employees position must be a principal and primary function, and not incidental or a collateral function.

(c) The essential nature of an aliens "special skills" is determined by: assessing the degree of proven expertise of the alien in the area of specialization, the uniqueness of the specific skills, the length of experience and training with the firm, the period of training needed to perform the contemplated duties, and the salary commanded by such expertise.
The Consular Officer must be convinced that the nature of the prospective employment is such that the aliens eventual replacement by a US worker is not feasible or that the employer is making reasonable and good faith
efforts to recruit and/or train US workers to perform the job.

4. The investment is not marginal and not your sole means of support. The goal of the investment is to create jobs for US citizens or permanent residents.

5. The investment enterprise actually exists or you are actively
in the process of investing.

6. You must confirm you will leave the US upon termination of this status.

Application Process

Trader and Investor Visas must be applied for at a U.S. Consulate with a visa application. Imagination Management Visas Department will apply on your behalf. A US Consul, who is well versed in the rules and regulations pertaining to E Visas, will conduct an interview. Imagination Management
will assist you with the correct forms and the time for and judication of your E Visa application.

Duration of Visa

Except for Mexico, E-1 Visas are generally issued for a five-year period (Mexico E-1 Visas are issued for six months only). Applicants, who enter from outside the US, receive E Visa status in one-year increments. If renewal is granted inside the US, then two years maybe granted. The visa maybe maintained as long as the beneficiary remains affiliated with
the business in the same manner as when the petition was granted. The visa holder may renew their visas by showing this ongoing relationship.

Status of Spouse and Minor Children

A spouse and unmarried minor children are eligible for E Visas and can enter under this category.

On January 16, 2002, President Bush signed into law two bills (H.R. 2277 and H.R. 2278) allowing spouses of intra-company transferees, treaty traders, and treaty investors to work in the US.

H.R. 2277 (PL 107-124) provides work authorization to the spouses of E Visa holders. H.R. 2278 (PL 107-125) provides work authorization to the spouses of L Visa holders and reduces the required period of prior continuous
employment for certain intra-company transferees.

Specifically, H.R. 2278 amends INA section 214(c)(2)(A) to provide that in the case of an alien seeking admission under section 101(a)(15)(L), the required one-year period of continuous employment is reduced to six months.
If the importing employer has filed a blanket petition and meets the requirements for expedited processing, aliens will be covered under this petition.

Servants of the E Visa holder can be issued B-1 Visas with work authorizations.