E-1/E-2/E3 and EB-5 Investor Visas

E-1 & E-2 Treaty Trader and Treaty Investor Visas

The E-1 Treaty Trader Visa is granted when you have substantial imports from the USA to your country or substantial exports from your country to the USA of about $1 million gross value of shipped goods per year or more. The E-2 Treaty Investor visa is granted when you start a new business in the USA or when you purchase 50% or more of an existing business in the USA for which your expenditure (invested funds) is $200,000 or more (sometimes a little less) with no portion of the $200,000 obtained by a bank loan secured by the assets of your investment in the USA; and, for which you project the business will have two full-time employees within the first year after your visa is issued.

E-1 Treaty Traders

A national of a treaty country (a country with which the United States has a treaty of commerce and navigation, or with which the United States has an international qualifying agreement, or with which the United States has been deemed a qualifying country by legislation) can be admitted to the United States solely to engage in international trade on his or her own behalf under the E-1 nonimmigrant classification.

Certain employees of such a person or of a qualified organization may also be included in this classification.

E-1 Trader Visa Requirements

The applicant for an E-1 visa must be a treaty country national. In addition, the trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country. International trade must be "substantial" in the sense that it must be a large and ongoing volume.

The commerce must be primarily between the United States and the treaty country, defined as more than 50% of total international trade between the United States and the applicant's home country.

The candidate must be in a managerial or executive position or have highly specialized skills that are critical to the firm's effective functioning. Ordinary workers, whether skilled or unskilled, are not eligible.

E-2 Treaty Investors

A national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains an international qualifying agreement, or which has been deemed a qualifying country by legislation) may be admitted to the United States when investing a significant amount of capital in a U.S. business under the E-2 nonimmigrant classification.

This categorization may also apply to some workers of such a person or a qualified organization.

E-2 Investor Visa Requirements

An E-2 visa is for a non-U.S. citizen who plans to own and/or work for a firm in the United States that is majority-owned by non-U.S. citizens. The individual can operate as a business owner/operator, high-level management, or specialist.

E2 visa applicants can purchase an existing firm or start their own. To file, the applicant must demonstrate that the firm has invested or will invest a significant amount of money in it.

The amount is not specified in the law. Still, the regulations require that a significant amount of money be invested in the company compared to the total value of the company. In addition, the company must not only hire foreign owners but must also hire U.S. employees and workers. If the company hires independent contractors, then the U.S. government can consider this when deciding to issue an E-2 visa.

Before beginning the immigration paperwork, the applicant must perform the measures necessary to start a business. Copies of all acquisition paperwork are required if the applicant purchases an established company.

E-3 Specialty Occupation Workers from Australia

The E-3 visa is issued only to Australian citizens. Therefore, Australian applicants can only travel to the United States for services in a specialized field. Spouses of E-3 visa holders may be able to work in the United States without any restrictions and also extend their E-3 visa indefinitely (for two-year periods). Visas issued to spouses and children will not be included in Group E-3, and in addition, the applicant's spouse and children do not need to be Australian citizens.

A specialized job requires the theoretical and practical application of a set of highly technical knowledge in a field and the acquisition of a bachelor's degree or higher in a specific specialty or equivalent. These criteria are considered a touchstone for getting a job in the United States.

EB-5

The EB-5 program is managed by the United States Citizenship and Immigration Services (USCIS).

Investors (their family and unmarried children under the age of 21) are eligible to apply for a Green Card (permanent residence) through this program if only:

•  Make the necessary investments in a business (commercial enterprise) in the United States; and
•  Plan to generate or keep 10 full-time permanent employees for competent American workers.

This program is called EB-5 because it is the fifth priority for applicants applying for employment-based visas.

United States Congress established the EB-5 program in 1990 to promote the American economy by allowing foreign investors to create jobs and invest cash in the United States.

The Immigrant Investor Program, also known as the Regional Center Program, was established by Congress in 1992 to provide EB-5 visas to participants who engage in commercial firms linked with regional centers that have been authorized by USCIS based on plans for economic growth.

Currently, investments range from $ 900,000 within the Targeted Employment Area (TEA) to $ 1,800,000.