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1. I want to start my own business in the U.S., is there anything I could do to maintain my legal status?
There are two (2) types of visas that generally allow a person to open and maintain a business in the United States under certain conditions.
The E Visa allows a person to invest money to create a new business. There are several conditions for this visa to be issued, including the existence of a treaty between the United States and the country of which the applicant is a citizen.
Additionally, the investment must be substantial and pass a “substantiality” test, and the investment capital must be at risk.
Another option is the L‑1A Visa, which allows a person to enter the United States for the formation of a new business if there is a foreign company or entity that is “affiliated” with the new company and the person applying for the visa has previously worked for at least one year out of the last 3 years outside the United States in said foreign “affiliated” company in an administrative or executive capacity.
To maintain “nonimmigrant” status, you must comply with the terms of your existing visa and request any change before the expiration date shown on your I‑94. If your I‑94 does not have a date but instead has the letters D/S (what is known as “duration of status”), for a student, then the application to change your status must be filed before the expiration date established on the I‑20, or if you received approval for “practical training,” before the expiration date of that work authorization.
2. How much money do I have to invest to apply for an E Visa?
There is no established amount of money for the E‑category visa. The investment must be substantial and appropriate for the type of business you are going to undertake. An analysis of the business plan will generally reveal whether the required investment is substantial. This should be reviewed by an immigration attorney. You may schedule a consultation by calling our office at (617) 303‑2600 (ext. 0).
3. How long does the U.S. company have to be open before it can sponsor me for an E visa?
4. Can my wife/children work or study in the U.S., if I have the E Visa status?
Yes, as derivatives of the E Visa, your spouse and/or children can study in the United States and may be eligible for a work authorization, which will allow them to work in the United States.
5. What documents do I need to get the E Visa?
6. How much money does the company need to make to sponsor me for an E Visa?
7. Can I accept employment from another company while I am under an E or L Visa?
No, you cannot work for another employer while you are on the E or L Visa. However, you may apply for a different visa that will allow you to work for a different company. Keep in mind that you must wait until your new visa is approved before beginning employment with the new company.
8. Are there numerical limitations for E or L Visas?
9. Can I transfer an E or L Visa to another company?
No, you cannot transfer an E or L Visa from one company to another, because this visa is granted to work with a specific company. The new company that wants to hire you must apply for a new visa status for you. However, it would be a very unusual situation in which a person could apply for a new L Visa with a different company.
10. How many E Visa holders can work in the U.S. for the same company at the same time?
11. Are my family members eligible for H-1b Visa status, if I am under an E visa?
12. What happens if I sell shares of my company and I am in the U.S. under an E Visa status?
13. What is my status while my first E Visa application is pending?
14. What status can my spouse and children get if I’m applying for an E Visa or I already have an E Visa?
You may apply for them to receive a derivative visa based on your E Visa.
15. Can an E Visa holder’s family members work or study in the US?
Spouses are authorized to work and study in the United States. However, children are not authorized to work (only to study), except for unmarried and dependent children of a TECRO worker (Taipei Economic and Cultural Representative Office).
16. How long does the E Visa status last?
An E Visa is generally approved for 1 or 2 years if the application is made in the United States. If the visa is requested at a U.S. consulate abroad, it may be approved for a longer period (generally up to 5 years).
17. How many times may I renew it?
There is no limitation on the renewal of E Visas; therefore, they may be renewed and extended indefinitely, as long as the visa requirements are met.
18. How long do I have to leave the country after my E Visa status expires or my company is no longer in business?
IMPORTANT NOTE ABOUT THIS DOCUMENT
The information contained in this document is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all situations. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.
