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Position: All Law / All Visas / E-1 & E-2 Law
 

E-1 / E-2 Visa
 
1
What is the E visa?
The E visa category was established to give effect to those treaties between the U.S. and foreign countries that provide for reciprocal benefits to nationals of each country who invest in the other country or who conduct trade between the two countries.
 
2
What elements must be present for the E visa category to be available?
 
A treaty must exist between the US and foreign country.
 
Nationals of the foreign country must hold majority ownership or control of the investing or trading company.
 
Each employee or principal of the company who seeks E status under the treaty must hold foreign country citizenship.
 
3
What is the duration of stay?
Although an initial period of stay of one year is granted to persons in the E category, this period can be extended almost indefinitely - as long as the alien affirms that he or she will leave when the period of authorized stay ends.
 
4
What employees qualify for E-1 (treaty-trader) status?
An employee performing supervisory or executive duties or an employee serving in a "minor capacity" who has "skills which are essential to the successful operation of the enterprise."
 
5
What employees qualify for E-2 (treaty-investor) status?
Treaty nationals serving in a managerial capacity.
Treaty nationals who serve in technical capacities requiring special training and qualifications and who are needed to establish the enterprise; train or supervise persons in technical positions; or continuously monitor and develop product improvement and quality control.

 

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