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Wednesday, 9 October 2013

USA E2 Treaty Investor Visas

Benefits

The major benefit of E2 US visas is that, so long as the requirements continue to be met, a person may continue living and working in the US on an indefinite basis. In America, visas of this kind may be extended by two years at a time so long as the applicant still satisfies the original criteria. 

However, it is worth noting that, as with a non-immigrant US visa such as the H1-B visa and L1 visa, which function in a similar manner to a UK work permit, Adjustment of Status may be an option. 

Since 
applying
 for a US Permanent Resident Card can be a lengthy process, it is a common practice to immigrate to the USA on a temporary US visa for a limited duration, whilst simultaneously beginning US Green Card application proceedings.

The E2 Treaty Investor Eligibility Requirements

E-2 holders must enter "solely to develop and direct the operations of an enterprise" in a supervisory, executive, or specialized knowledge capacity in which he or she has made an active and substantial investment in a real operating enterprise in the USA.   

Further, the investment must not be marginal (e.g. the business employs US workers, the investor has other sources of income, and the investment does not solely support the investor and his/her family members).  

The investment funds and assets must also be placed directly at risk and the investor must prove the requisite intent to return to his/her home country.  

Once more, no specific parameters are in place but the greater the investment, the more likely an E2 visa application is to succeed. 

The investment must be made in a current and active business and a large portion of the investment must have been made before the application was submitted.  With a branch office located in the US, Global Visas are happy to assess any potential business investment for its suitability based on E2 requirements and we invite you to contact us at anytime.

Participating Countries

Another requirement of the E-1 visa is that the investor must be a national of a treaty country and a requisite treaty must exist between the US and the foreign country of the foreign national.  Please see the US Department of State website to see if a treaty exists in your home country under the E-2 visa category.

Dependent Immigration and Spouse Immigration

In America, immigration through E visas may be regarded as a possible route to permanent residency in the US, or otherwise, US residency for a period of some years. As a result, the spouse and or dependents of successful applicants are permitted to migrate to the USA along with the principle applicant. Whilst derivative E visas do not in themselves provide the right to work in America, an applicant's spouse may apply separately for an EAD card for Employment Authorisation. Whilst dependent children under the age of 21 will be permitted to enter the country, they will not be allowed to work under this US immigration service. Find out further information on our New York Immigration page.

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