E Visa
This classification is for treaty traders and investors.
The United States has signed commercial treaties with several countries. These agreements include clauses that allow citizens of these countries to obtain an E visa.
Each commercial treaty specifies if the E-1 classification or E-2 classification is available for the nationals of the treaty country. Some commercial treatises make both classifications available.
E-1 visa is for Treaty traders. An alien may be classified as a nonimmigrant treaty trader (E-1) if the alien will be in the United States solely to carry on trade of a substantial nature, which is international in scope, either on the alien's behalf or as an employee of a foreign person or organization engaged in trade principally between the United States and the treaty country of which the alien is a national, taking into consideration any conditions in the country of which the alien is a national which may affect the alien's ability to carry on such substantial trade
E-2 visa is for Treaty investors. An alien may be classified as a nonimmigrant treaty investor (E-2) if the alien has invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living and is seeking entry solely to develop and direct the enterprise.
An alien employee of a treaty trader may be classified as E-1, and an alien employee of a treaty investor may be classified as E-2 if the employee is in or is coming to the United States to engage in duties of an executive or supervisory character, or, if employed in a lesser capacity, the employee has special qualifications that make the alien's services essential to the efficient operation of the enterprise. The employee must have the same nationality as the principal alien employer.
The principal alien employer must be:
- A person in the United States having the nationality of the treaty country and maintaining nonimmigrant treaty trader or treaty investor status or, if not in the United States, would be classifiable as a treaty trader or treaty investor; or
- An enterprise or organization at least 50 percent owned by persons in the United States having the nationality of the treaty country and maintaining nonimmigrant treaty trader or treaty investor status or who, if not in the United States, would be classifiable as treaty traders or treaty investors.
The spouse and child of a treaty trader or treaty investor may receive the same classification as the principal alien.
At the Law Offices of Hugo C. Castro we may help you and your employees to obtain one of the E classifications.
We have the knowledge, experience, resources and capabilities to provide you with a strong legal representation.