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E-1 Visa
The E-1 Treaty Trader visa is a non-immigrant visa designed for individuals from countries that have a commerce and navigation treaty with the United States. This visa is ideal for business owners, managers, and professionals working in certain commercial fields who wish to engage in international trade activities in the U.S. With the E-1 visa, individuals can enter the U.S. to develop and expand their business operations, making it a perfect opportunity for those looking to solidify their trade relationships in the U.S.
To apply for the E-1 visa, applicants must demonstrate that there is a continuous and substantial trade relationship between their home country and the U.S. This trade can include goods, services, technology, or financial transactions. Applicants must show that a significant portion of their trade is conducted with the U.S. and that they hold a key role in their business with significant contributions to its commercial activities. Once granted, the E-1 visa allows individuals to carry out their commercial activities in the U.S. for a specified period.
The application process for the E-1 visa, conducted by the U.S. Citizenship and Immigration Services (USCIS), requires thorough documentation. Applicants must provide evidence of their commercial activities, company details, and trade volumes. The E-1 visa is renewable as long as the applicant continues their commercial activities, offering an opportunity to maintain stability in their trade operations while in the U.S.
If you plan to apply for this visa, CK Law Firm’s experienced legal team can guide you through the E-1 application process.
What are the Criteria for an E-1 Visa?
- Citizenship of a Treaty Country: To be eligible for the E-1 visa, the applicant must be a citizen of a country that has a trade treaty with the United States.
- International Trade Relationship: The applicant must engage in regular and meaningful trade between their home country and the U.S. This trade can include goods, services, technology, or financial transactions.
- Majority of Trade with the U.S.: A significant portion of the trade, typically at least 50%, must be conducted with the United States.
- Ongoing Trade Relationship: The trade relationship must not be a one-time transaction but rather an ongoing and regular business exchange. This must be substantiated with documentation.
- Key Role in Trade: The applicant must hold a key position within the company, such as being the business owner, manager, or an employee with the skills necessary to continue the commercial activities.
- Ability to Manage or Carry Out Trade Activities in the U.S.: The applicant must have the knowledge and experience to manage or conduct trade activities in the U.S. effectively.
- Documented Support: During the application process, the applicant must provide supporting documentation that demonstrates the volume of trade, frequency of transactions, and the continuity of the business relationship. These documents may include trade agreements, invoices, and financial records.
Other Things to Know About E-1 Application
- Application Time and Processing: The approval process for E-1 visa applications can take several months. Therefore, applicants are advised to plan their trade activities and processes accordingly.
- Family Member Accompaniment: E-1 visa holders' spouses and unmarried children under the age of 21 are eligible to accompany them to the U.S. Spouses may obtain work authorization in the U.S., while children are allowed to attend school.
- Validity and Renewal: E-1 visas are typically issued for a duration of 2 years. However, they can be renewed indefinitely as long as the business activities continue. For each renewal, the applicant must prove that the trade activities are still active.
- Purpose of Stay in the U.S.: E-1 visa holders' stay in the U.S. must be exclusively for trading purposes. This visa does not grant the right to work in any other industry or job.
- Continuity of Trade: Since the E-1 visa is contingent upon active trade, commercial activities must be consistent and continuous. Any interruption in trade may result in the visa being revoked.
- Support with Documentation: The information provided in the E-1 application must be accurate and complete. To prove commercial activities, documents such as trade volumes, business contracts, invoices, and commercial records must be submitted.
- Role and Responsibilities of the Visa Holder: The person holding the E-1 visa must be in a managerial position or play a key role in the trade activities. Secondary or support roles are not acceptable for E-1 eligibility.
- Tracking Visa Status: Since the E-1 visa is temporary, it is important to apply for a renewal before the visa expires. Otherwise, the visa holder may be required to leave the U.S. once the validity period ends.
Most Frequently Asked Questions About E-1 Visa
The E-1 visa is a non-immigrant visa that allows individuals from countries with a trade treaty with the United States to engage in international trade. This visa is intended for business owners, managers, and professionals involved in trade activities between the U.S. and their home country.
Individuals from countries that have a trade treaty with the U.S., including business owners, managers, or employees who have essential roles in a trade enterprise.
Applicants must prove that they are involved in substantial trade between the U.S. and their country, typically with over 50% of the trade conducted with the U.S. and the business must be active and ongoing.
The initial E-1 visa is usually issued for two years but can be renewed indefinitely as long as the trade activities continue.
Yes, E-1 visa holders can bring their spouse and unmarried children under 21 on an E-1 dependent visa (E-1D). Spouses are eligible to apply for work authorization, but children can attend school.
The E-1 visa is employer-specific. If you want to change employers, the new employer must file a new petition on your behalf.
Although the E-1 visa is a non-immigrant visa, you may apply for a Green Card through other employment-based immigration categories while on an E-1 visa, provided you meet the eligibility criteria.
You will need to provide documents such as trade contracts, invoices, financial records, and evidence of the volume of business conducted between your home country and the U.S.
The E-1 visa allows you to work for a company that is engaged in qualifying trade activities between the U.S. and your home country, but it does not grant you permission to work outside of this scope.
You must submit a petition to the U.S. Citizenship and Immigration Services (USCIS) with supporting documentation, including proof of trade activities. After USCIS approval, you apply for the visa at a U.S. embassy or consulate.
You need to show that your trade involves a significant volume of goods or services exchanged between the U.S. and your country. Documentation like contracts, financial records, and trade agreements will help demonstrate this.
No, the E-1 visa is specifically for individuals involved in international trade, not for general investments. For investments, the E-2 visa may be more appropriate.
You must apply for a renewal before your E-1 visa expires. If you fail to renew it in time, you may have to leave the U.S. and reapply.
The processing time varies but typically takes a few months. You can expedite the process by applying for premium processing (if available) for faster adjudication.
Common reasons for denial include insufficient proof of trade activities, failure to meet the 50% trade requirement with the U.S., or not being in a managerial or essential role in the business.
E-2 Visa
The E-2 Investor Visa is a non-immigrant visa designed for nationals of countries that have trade and investment treaties with the United States. This visa is ideal for foreign investors who wish to establish a new business or expand an existing one in the U.S. The E-2 visa allows investors to engage in commercial activities while contributing to the U.S. economy.
To qualify for an E-2 visa, applicants must demonstrate that their investment is substantial and significant. The investment can be in various sectors, such as goods, services, or technology, but it must be of a scale that positively impacts the U.S. economy. Additionally, investors must play an active role in the management and daily operations of the business. Holders of the E-2 visa can reside in the U.S. while growing and managing their businesses.
The U.S. Citizenship and Immigration Services (USCIS) meticulously evaluates E-2 visa applications, requiring thorough documentation. Applicants must provide detailed evidence of the investment amount and the business’s economic impact. The E-2 visa is renewable as long as the investor continues to operate their business successfully and maintain its development. This visa presents a significant opportunity for entrepreneurs seeking to strengthen commercial ties with the U.S.
If you are considering applying for an E-2 visa, the experienced attorneys at CK Law Firm are ready to guide you through every step of the application process.
What are the Criteria for an E-2 Visa?
- Nationality Requirement The applicant must be a citizen of a country that has a qualifying trade and investment treaty with the United States.
- Investment Amount A significant and meaningful investment must be made in a U.S.-based business, either by establishing a new enterprise or purchasing an existing one. The required investment amount varies depending on the type and size of the business.
- Risk of Investment The investment must involve personal financial risk and tie the applicant’s personal assets to the business. Speculative or marginal investments that do not demonstrate genuine financial commitment will not be accepted.
- Active Business Management Applicants must take an active role in managing and operating the business. Passive investors who do not participate in daily operations are not eligible for the E-2 visa.
- Economic Contribution of the Business The business must contribute meaningfully to the U.S. economy. Enterprises that only provide for the investor’s personal livelihood, known as marginal businesses, do not meet the eligibility criteria.
- Documentation of the Application Applicants must submit comprehensive documentation demonstrating the source and amount of the investment, the business’s operational activities, and its potential economic impact. This includes financial records, contracts, and business plans.
Other Things to Know About E-2 Application
- Renewable Visa Duration: The E-2 visa is granted for a specific period, which may vary depending on the applicant’s country of origin. The visa can be renewed as long as the investment and business operations continue.
- Family Members: Spouses and unmarried children under 21 of E-2 visa holders are eligible to apply for E-2 dependent visas, allowing them to reside in the U.S. The spouse can also apply for work authorization to be employed in the U.S.
- Work Authorization: The E-2 visa only permits the investor to work in the enterprise in which they have invested. The applicant is not authorized to work for other employers.
- Source of Investment: Applicants must prove that the investment funds come from lawful and legitimate sources. Proper documentation of the investment’s origin is critical during the visa approval process.
- Application Process and Required Documents: The application process requires thorough preparation and submission of detailed documentation, including proof of investment, financial statements, and a business plan. These documents will be reviewed during the consular interview.
- Tax Obligations: Engaging in commercial activities in the U.S. through an E-2 visa may result in certain tax obligations. It is advisable for applicants to understand their U.S. tax responsibilities before proceeding.
- Expiration of the Visa: The E-2 visa becomes invalid if the investment or business operations cease. Investors must continue their business activities to maintain their legal status in the U.S.
Most Frequently Asked Questions About E-2 Visa
The duration of the E-2 visa depends on the applicant’s nationality. Generally, the visa is issued for up to five years and can be renewed indefinitely as long as the investor maintains the business.
Yes, the spouse of an E-2 visa holder can apply for work authorization, which allows them to work for any employer in the U.S.
There is no fixed minimum investment amount, but it must be substantial relative to the type of business. The investment should be sufficient to ensure the successful operation of the enterprise.
The E-2 visa does not directly lead to a Green Card, but investors may explore other immigration options, such as EB-5 or family-sponsored Green Cards.
Yes, purchasing an existing business is a valid option for E-2 visa eligibility, provided the investment meets the substantiality criteria.
No, E-2 visa holders are only authorized to work for the business in which they have invested.
Key documents include proof of investment, a detailed business plan, financial statements, and evidence of lawful source of funds.
Yes, E-2 visa holders can travel in and out of the U.S. as long as their visa remains valid.
Yes, E-2 visa holders may be subject to U.S. tax laws and should consult a tax advisor for compliance.
The processing time varies but typically ranges from a few weeks to several months, depending on the consulate and complexity of the case.
Yes, E-2 visa extensions are allowed as long as the business remains operational and continues to meet the visa criteria.
Any legitimate, for-profit enterprise can qualify, including retail, manufacturing, and service businesses.
While it is not mandatory to hire U.S. employees initially, doing so may strengthen your application by demonstrating economic contribution.
Yes, it is possible to change your status to an E-2 visa from another visa category while in the U.S.
If the business ceases operations, the E-2 visa holder must either leave the U.S. or change to another valid immigration status.
L-1A Visa
The L-1A Intra-Company Transfer Visa is a non-immigrant visa designed for foreign nationals who will take on executive or managerial positions at a company in the United States. This visa provides an opportunity for executives or senior managers who have been working outside the U.S. for at least one year to take up roles at a U.S. affiliate. The L-1A visa is considered a crucial tool for international businesses seeking to expand their operations in the U.S. and specifically caters to the needs of multinational companies.
During the L-1A visa application process, applicants must provide evidence of a strong affiliation between their current employer abroad and the U.S. company where they will work. Additionally, it is required to prove that the applicant will serve in an executive or managerial capacity in the U.S. Candidates applying for an L-1A visa must hold a position that involves contributing to strategic decision-making processes at the affiliated U.S. company. Applicants meeting these criteria can actively participate in the management of a U.S.-based business with the L-1A visa.
The U.S. Citizenship and Immigration Services (USCIS) oversees the L-1A visa, which is renewable under certain conditions. Initially granted for a period of 1 to 3 years, the visa can be extended up to a maximum of 7 years. L-1A visa holders have the opportunity to expand their U.S. businesses and enhance operational performance while residing in the country during the validity of their visa.
If you are planning to apply for an L-1A visa, the experienced legal team at CK Law Firm can guide you through every step of the application process.
What are the Criteria for an L-1A Visa?
- Employment Duration: The applicant must have been employed in an executive or managerial position by a foreign company affiliated with the U.S. company for at least one year within the last three years before the application date.
- Qualifying Relationship: There must be a qualifying relationship between the U.S. company and the foreign company where the applicant was employed. This relationship can be in the form of a branch, subsidiary, or partnership.
- Executive or Senior Managerial Position: The position the applicant will take in the U.S. must be at an executive or senior managerial level, involving strategic decision-making, overall management of the company, and oversight responsibilities.
- Operational Status of the U.S. Company: The U.S. company where the applicant will be employed must be actively operating and capable of maintaining regular business operations.
- Job Description: The applicant’s job description must clearly indicate that they will be working as an executive or senior manager in the U.S. company, taking on operational and managerial responsibilities.
- Documentary Evidence: The application must be supported by documents proving the applicant’s employment duration, job description, the relationship between the companies, and the role the applicant will undertake in the U.S.
Other Things to Know About L-1A Application
- Application Process and Evaluation: L-1A visa applications are carefully reviewed by the U.S. Citizenship and Immigration Services (USCIS). It is crucial for applicants to submit all required documents accurately and meet the eligibility criteria.
- Initial Visa Duration: The initial duration of the L-1A visa ranges from 1 to 3 years. For newly established U.S. companies, the visa is typically granted for 1 year, while for established companies, it can be issued for up to 3 years.
- Visa Renewal and Extension: The L-1A visa can be extended in increments, with a maximum total duration of 7 years. Each renewal application must demonstrate that the applicant continues to meet the eligibility criteria and remains employed in their qualifying role.
- Green Card Application Option: L-1A visa holders may apply for a Green Card under the EB-1C category. This pathway provides an opportunity for permanent residency in the U.S., making it a significant advantage for L-1A visa holders.
- L-2 Visa for Family Members: Spouses and unmarried children under 21 of L-1A visa holders can apply for L-2 visas, allowing them to reside in the U.S. L-2 visa holders’ spouses are also eligible to apply for work authorization.
- Job Changes and Role Updates: Any changes in the applicant’s position or duties at the U.S. company may require notification to USCIS. Such changes could impact the applicant’s visa status.
- Premium Processing Option: L-1A visa applications can be expedited through premium processing by paying an additional fee. Premium processing typically ensures a decision within 15 days.
Most Frequently Asked Questions About L-1A Visa
The initial L-1A visa is granted for 1 to 3 years, depending on whether the U.S. company is newly established or already operational.
Yes, the L-1A visa can be extended in increments, up to a maximum of 7 years.
Executives or senior managers who have been employed by a qualifying foreign company for at least one year within the past three years are eligible.
Yes, L-1A visa holders may apply for a Green Card under the EB-1C category, which offers a path to permanent residency.
There must be a qualifying relationship, such as a branch, subsidiary, or affiliate, between the foreign and U.S. companies.
Yes, spouses and unmarried children under 21 can apply for L-2 visas. Spouses are also eligible to apply for work authorization.
No, L-1A visa holders can only work for the sponsoring employer and cannot change employers without applying for a new visa.
Significant changes in the L-1A visa holder’s role or position may require USCIS notification and could impact visa status.
Yes, applicants can opt for premium processing by paying an additional fee, ensuring a faster decision within 15 days.
Yes, L-1A visa holders can travel in and out of the U.S. as long as their visa remains valid.
Yes, L-1A visa holders may be subject to U.S. tax laws and should consult a tax advisor for compliance.
The standard processing time varies but typically ranges from a few weeks to several months, depending on the case complexity.
No, L-1A visa holders are only authorized to work for the sponsoring employer and cannot start a new business.
Key documents include proof of employment, evidence of a qualifying relationship between the companies, and a detailed job description.
No, there is no specific age limit, but applicants must meet the employment and experience criteria.
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