Boston E-1 and E-2 Visa Lawyer for Treaty Traders and Investors

What is the E Visa?

The E visa category was created to implement trade and investment treaties between the United States and foreign countries, providing reciprocal benefits to the nationals of those countries and promoting commercial interaction and trade.

E visas allow investors who make a substantial investment in the U.S. (definition of “substantial” below) to live and work in the country. It also applies to business owners, managers, and employees of enterprises engaged in trade between the U.S. and a treaty country who need to stay in the U.S. for extended periods to supervise operations.

E visa petitions filed in the U.S. are eligible for premium processing service. This service provides that for an additional fee, USCIS commits itself to processing the application within 15 business days from its receipt date. This does not mean that there will necessarily be a final decision in 15 days, but it does mean that there will be a response by this time. This response may be a visa approval, a denial or even a request for additional evidence. Applying for an E visa can be very challenging and complex, so utilizing the services of an E visa attorney is highly recommended. Discuss your needs with an experienced E visa lawyer to see if this is the right option for you. Call 617-523-6320 (ext. 0) today to make an appointment or complete our appointment request form.

Who is Eligible for E-1 Visas and E-2 Visas in the US?

For the E-1 Treaty Trader visa:

Foreigners who are citizens of a country that has a trade and investment treaty with the United States may be eligible to apply for an E-1 visa (Treaty Trader) if they meet the following conditions:

• They are coming exclusively to engage in substantial trade between their home country and the United States, including trade in goods, services, or technology.
• The trade is conducted mainly between the United States and the foreigner’s home country.

For E-1 visa purposes:

• “Substantial” trade refers to an ongoing exchange of goods and services between the U.S. and the treaty country of the applicant, involving multiple transactions that began before the E-1 visa application was filed.
• Trade principally between the U.S. and the foreign country means that at least 50% of the total trade conducted by the foreigner, their business or employer must occur between the United States and the foreigner’s treaty country. .

The initial statutory maximum period of stay for a foreigner with an E-1 or E-2 visa is two years. However, in practice, U.S. consulates often issue E-1 or E-2 visas for up to five years.

How long does the E Visa status last?

An E Visa application may be approved for 1 to 2 years if the petition is filed in the United States, or for a longer period if it is filed at a U.S. consulate abroad (generally up to 5 years).

Renewability of E-1 and E-2 Visas

E visas are renewable and the initial E Visa period can be extended as long as you demonstrate the continued viability of the business and your continued compliance with the conditions of the E-1 or E-2 visa as appropriate.

How many times may I renew an E visa?

There is no time or numerical limitation on E Visa renewals and therefore the E visas may be renewed and extended indefinitely as long as the requirements for the visa continue to be met.

Family Benefits of E-1 and E-2 Visas

The spouse and unmarried children under 21 of a treaty trader or treaty investor qualify for the same E visa status as the principal applicant, regardless of their nationality. They are allowed to live and study in the United States without needing additional authorization. Additionally, the spouse may apply for employment authorization to be allowed to work in the U.S.

What status can my spouse and children get if I’m applying for an E Visa or I already have an E Visa?

What Documentation Do I Need for the E-1 Visa and E-2 Visa?

To apply for either the E-1 or E-2 visa the foreigner must provide the following documentation:

For the E-1 Treaty Trader visa:

1. A statement describing in detail the nature and function of the business and the applicant’s position

2. Documents demonstrating the continued trade between the United States and the country of the applicant’s nationality, including any of the following as available:

• trade invoices
• sales reports
• shipping records or bills of landing
• summary or audits of international accounts and trade transactions
• company financial statements
• articles of incorporation
• import/export licenses
• bank statements
• annual report
• tax documentation, etc.

3. A copy of the passport for all applicants

4. A copy of the birth certificates of all derivative visa applicants and the marriage certificate to support all secondary applications

5. A copy of the U.S. Visa and Form I-94 (if aliens are already in the U.S.) for all applicants

6. If the foreigner is an employee of the treaty trade enterprise, then evidence of position including, organizational chart, job description, and evidence of recruitment efforts made by the enterprise

For the E-2 Treaty Investor visa:

1. A business plan stating in detail the nature and function of the business, the necessary initial investment, and employment projections, including any of the following as available:

• property or real estate costs
• cost of materials
• cost of employee wages
• cost of legal, professional fee, and/or licensing fees
• asset purchase and sale agreements
• mortgage or loan agreements
• contracts or letters of understanding between the treaty enterprise and customers and/or suppliers
• articles of incorporation
• financial statements

Note: for small enterprises we may be able to help in the creation of some of these formal documents if provided with certain information and preliminary documentation

• A comprehensive letter addressed to the USCIS stating the extent of the principal applicant’s participation in the investment
• A copy of the investment business’ most recent financial statement
• A copy of passport for all applicants
• A copy of the birth certificates of all derivative applicants and the marriage certificate to support all secondary applications; and
• A copy of U.S. Visa and Form I-94 (if foreigners are already in the U.S.) for all applicants
• If the applicant is an employee of the treaty investment enterprise, then evidence of position including, organizational chart, job description, and evidence of recruitment efforts made by the enterprise

What is the Application Process for the E-1 Visa and E-2 Visa Like?

There are three stages in the application process for an E-1 or an E-2 visa.

Stage One:

Preparation of Business Documentation including:

• Organization of business (if required)
• Business Plan preparation or adaptation for E visa purposes
• Preparation of supporting documentation

Time required depends on the availability and speed of delivery of the documents and overall level of involvement of the client.

Stage Two:

Preparation and filing of E Visa application I-129 and I-129 E supplements

(Time requirements are approximately 30 days from the day all documentation is ready)

Stage Three:

Receive approval of E visa application from USCIS, or receive notice requesting additional evidence (RFE) to support application.

In the latter case, our E Visa attorneys will work with the client to provide the additional information to the U.S. Immigration Service and we will prepare a response with the appropriate analysis and legal argument. This last scenario is considered additional work and would increase the amount of time required to complete the E visa process and legal fees required, depending on the amount of additional work needed.

(The adjudication of an E visa takes approximately 120 to 150 days from the filing date of application with the U.S. Immigration Service, and ultimately depends on the center’s caseload)

What are the U.S. Immigration Service (USCIS) filing fees?

The USCIS filing fee for an I-129 petition. In addition, if you would like to request premium processing, you will need to pay the filing fee for an I-907 form.

Verify the USCIS filing fees for the forms mentioned above, as they change regularly.

What are the Fees of our Boston visa lawyers to Petition for the E-1 or E-2 Visa?

Learn more about our immigration legal fees.
Request an initial consultation with an E Visa lawyer.

Where can I get more Information?

• USCIS information on E-1 visa for Treaty Traders
• USCIS information on E-2 visa for Treaty Investors
• Premium Processing for E visas
• U. S. Department of State visa services
• Links to U.S. Embassies and Consulates worldwide