E Visas or Investor Visas

There are two types of visas that generally will allow an individual to open and maintain a business in the U.S. under certain conditions. First, an E Visa allows an individual to invest money in the formation of a new business. There are several conditions that must be met for this visa, including that there must be a treaty between the U.S. and the country of citizenship of the individual seeking the visa. In addition to this, the investment must be substantial and pass a substantiality test, and the investment capital must be at risk. (See E Visa process and documents needed on our website at: E-1 and E-2 Visa)The other potential option is an L-1A Visa which allows an individual to enter the U.S. for the formation of a new business if there is a foreign company, or entity, that is “affiliated” with the new business and the individual seeking the visa has previously been employed with the foreign “affiliated” company outside of the U.S. in an executive or managerial capacity for at least one year of the last three years.

In order to maintain your non-immigrant status you must comply with the terms of your existing visa and you must file for any change in status prior to the expiration of the date identified in your I-94. If your I-94 does not contain a date and instead has the letters D/S (Duration of Status), for a student, then the application for change of status must be filed prior to the expiration of the date set by your form I-20 or in the alternative, set by the work authorization card you received for Optional Practical Training.

There is no set amount for investment in connection with an E Visa. The investment must be substantial and appropriate for the type of business venture you are undertaking. An analysis of the proposed business plan generally will reveal if the proposed investment is substantial. This should ideally be reviewed by an immigration attorney. You may schedule a initial consultation by contacting our office at: (617) 303-2600

The U.S. company may apply for your E Visa, as soon as it opens.

Yes, as E Visa derivatives, your wife/children may study in the U.S. and they may be eligible for employment authorization, which will allow them to work in the U.S.

For a full list of documents required for the E Visa, please visit the following page on our site: E-1 and E-2 Visa

There is no set amount of profits needed. However the net profits or the estimated future net profits (in the case of a start-up company) should be sufficient to support the salary of a high level executive in the company.

No, you may not work for another employer under either the L or E Visa. However, you may apply for a different type of visa that may allow you to work for a different company. Bear in mind that you need to wait until your new visa is approved before starting employment with the new company.

There are no numerical limitations for E or L Visas.

No, you may not transfer an E or an L Visa from one company to another as they are company specific. The new company must apply for the new visa status. However, it would be extremely unusual situation in which someone could apply for a new L Visa with a different company.

There are no numerical limitations for the number of E Visa holders employed by a company as long as they fulfill the visa requirements.

Yes, if there are H Visas available and the individual with an E derivative visa has an employer willing to sponsor him/her.

You may be at risk of violating the terms of your visa. You should consult with an attorney before transferring or selling any company shares.

You will be under your previous visa status until it expires, after which, you will be lawfully present and “in status” for the purpose of changing your status only.

They may obtain status as a derivative visa beneficiary of the primary E Visa holder.

Spouses of E Visa holders are authorized to work and study in the U.S. However, children are not allowed to work (only study), with the exception of unmarried dependent children of a TECRO (Taiwan Economic Cultural Representative Office) employee.

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

There is no “grace period” with E Visas. An E Visa holder must depart the U.S. immediately upon expiration of his/her E Visa or as soon as there is no longer compliance with the E Visa requirements or conditions (i.e. my investment or company has ceased).