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| E Visa Immigration Attorneys |
| Experienced E visa immigraton lawyers in Seattle, Bellingham, Vancouver BC and New York. Contact us to speak directly with an attorney. |
| E-1 Visa - Treaty Trader - Substantial Trade |
The Immigration and Naturalization Act Section 101(a)(15)(E)(i) provides a nonimmigrant visa for individuals who will be in the U.S. to carry on substantial international trade.
Trade is defined under the Code of Federal Regulations as the existing international exchange of items of trade for consideration between the United States and the treaty country. Existing trade includes successfully negotiated contracts binding upon the parties which call for the immediate exchange of items of trade. Domestic trade or the development of domestic markets without international exchange does not constitute trade for purposes of section 101(a)(15)(E) of the Act. This exchange must be traceable and identifiable. Title to the trade item must pass from one treaty party to the other.
Items of trade include but are not limited to goods, services, international banking, insurance, monies, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and some news-gathering activities. For purposes of this paragraph, goods are tangible commodities or merchandise having extrinsic value. Further, as used in this paragraph, services are legitimate economic activities which provide other than tangible goods.
Substantial trade is defined under the Code of Federal Regulations as an amount of trade sufficient to ensure a continuous flow of international trade items between the United States and the treaty country. This continuous flow contemplates numerous transactions over time. Treaty trader status may not be established or maintained on the basis of a single transaction, regardless of how protracted or monetarily valuable the transaction. Although the monetary value of the trade item being exchanged is a relevant consideration, greater weight will be given to more numerous exchanges of larger value. There is no minimum requirement with respect to the monetary value or volume of each individual transaction. In the case of smaller businesses, an income derived from the value of numerous transactions which is sufficient to support the treaty trader and his or her family constitutes a favorable factor in assessing the existence of substantial trade. |
| E-2 Visa - Treaty Investor - Substantial Investment |
The Immigration and Naturalization Act Section 101(a)(15)(E)(i) provides a nonimmigrant visa for individuals who will be in the U.S. to develop and direct an enterprise into which they have made a substantial investment.
Investment is defined under the Code of Federal Regulations
as the treaty investor's placing of capital, including funds and other assets (which have not been obtained, directly or indirectly, through criminal activity), at risk in the commercial sense with the objective of generating a profit. The treaty investor must be in possession of and have control over the capital invested or being invested. The capital must be subject to partial or total loss if investment fortunes reverse. Suchinvestment capital must be the investor's unsecured personal business capital or capital secured by personal assets. Capital in the process of being invested or that has been invested must be irrevocably committed to the enterprise. The alien has the burden of establishing such irrevocable commitment. The alien may use any legal mechanism available, such as the placement of invested funds in escrow pending admission in, or approval of, E classification, that would not only irrevocably commit funds to the enterprise, but might also extend personal liability protection to the treaty investor in the event the application for E classification is denied.
The Code of Federal Regulations defines a Bona Fide Enterprise must be a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. The enterprise must meet applicable legal requirements for doing business in the particular jurisdiction in the United States.
Substantial amount of capital. A substantial amount of capital constitutes an amount which is: (i) Substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise under consideration; (ii) Sufficient to ensure the treaty investor's financial commitment to the successful operation of the enterprise; and (iii) Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. Generally, the lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered a substantial amount of capital.
Marginal Enterprise. An enterprise may not be marginal and qualify. A marginal enterprise is an enterprise that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. An enterprise that does not have the capacity to generate such income, but that has a present or future capacity to make a significant economic contribution is not a marginal enterprise. The projected future income-generating capacity should generally be realizable within 5 years from the date the alien commences the normal business activity of the enterprise.
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| Treaty Countries |
The following countries have trade and investment treaties with the United States and their nationals are eligible for both E-1 and E-2 status: Argentina, Australia, Austria, Belgium, Bosnia, Canada, Colombia, Costa Rica, Croatia, Ethiopia, Finland, France, Germany, Honduras, Iran (with restrictions), Ireland, Italy, Japan , Korea , Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman, Pakistan, Philippines, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Taiwan, Togo, Turkey, United Kingdom.
The following countries have trade treaties with the United States which allow for conferral of E-1 (treaty-trader status) to the nationals of said countrries: Bolivia, Brunei, Denmark, Estonia, Greece, Israel.
The following countries have investment treaties with the United States which allow for E-2 (treaty-investor status): Albania, Armenia, Bangladesh, Bulgaria, Cameroon, Congo, Czech Republic, Ecuador, Egypt Estonia, Grenada, Georgia, Jamaica, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Morocco, Zaire, Panama, Poland, Romania, Senegal, Slovakia, Sri Lanka, Trinidad & Tobago, Tunisia, Ukraine.
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| Period of Admission |
A treaty trader or treaty investor may be admitted for an initial period of not more than 2 years. Requests for extensions of stay may be granted in increments of not more than 2 years.The spouse and minor children accompanying or following to join a treaty trader or treaty investor shall be admitted for the period during which the principal alien is in valid treaty trader or investor status. The temporary departure from the United States of the principal trader or investor shall not affect the derivative status of the dependent spouse and minor unmarried children, provided the familial relationship continues to exist and the principal remains eligible for admission as an E nonimmigrant to perform the activity.
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| Our Services |
Millar & Smith, PLLC U.S. Immigration Attorneys is a full service law firm with extensive experience representing E-1 and E-2 visa recipients over a wide range of industries and from many different countries. With offices in Seattle, Bellingham, Vancouver BC and New York, we ready to answer your questions and provide you with excellent service in acheiving your U.S. immigration goals. |
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