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E-1/ Treaty Trader, E-2/ Treaty Investor, and EB5/Immigrant Investor
Currently, the U.S. has treaties with about 30 countries, which allow nationals of those countries to obtain visas to live in and develop a business in the United States. Although this type of visa is not for permanent residency, you can stay in the U.S. indefinitely if you continue to run your business. The required amount of investment for this type of visa is substantially less than the well known EB5 visa which does not require investors to be nationals of the treaty country but does give permanent residence status to the investor.
EB5 allows an immigrant investor to qualify for permanent residency. However, it requires a minimum investment of $500,000 to $1,000,000 depending on the location of the business. The business must also create at least 10 new jobs for U.S. citizens or permanent residents within two years.
E-1 Treaty Trader requires the companies to engage in trade that is substantial. The trade must be principally between a U.S. company and a treaty country company. This type of visa is often used by import/export businesses.
E-2 Treaty Investor visa requires the investor to make a substantial investment in a business which he/she has a controlling interest. The investment is "substantial" if on a scale in relation to the overall value of the business is considered substantial and therefore can be any amount. In certain types of business, the investment can be less than $100,000 USD. The investor must also show that the business will generate more than minimal living for his or her family by employing other workers. Unlike the EB5 visa, the E-2 visa does not require a minimum number of employees to be employed in the business nor does it set a specific timetable.
E-1 and E-2 visa can be used for business owners or employees. An employee will only qualify for a E Treaty visas if the work in the U.S. is in executive or supervisory capacity or with "essential skills."
Our office will handle your immigration needs at any stage of your business development. The investment may be for the establishment of a new business or for the purchase of an existing business. We can evaluate your situation or your plan, look for any denial risk, provide effective solutions, and represent you from the start of the application to the final approval.
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