Boston E-1 and E-2 Visa Lawyer

 

What Is the E Visa?

The E visa category was designed to give effect to trade and investment treaties between the U.S. and foreign nations providing reciprocal benefits to the nationals the nations signing the treaties; in this way, facilitating commercial interaction between the U.S. and treaty of countries.

It allows investors making a substantial investment in the U.S. (see below definition of “substantial” for investment purposes); or business owners, managers, and employees of an enterprise conducting trade between the U.S. and a treaty nation, who need to remain in the U.S. for extended periods of time to supervise work performed in the U.S., to be able to live and work lawfully.

There is a premium processing option for E visa petitions filed in the US, which for an additional filing fee, the U.S. Immigration Service will commit to process the application within 15 business days from receipt of the application. This does not mean that there will necessarily be a final decision in 15 days, but that there will be a response by this time. This response may be a visa approval, a denial or it may also include a request for additional documentation. Applying for a E visa can be challenging – discuss your needs with an experienced E visa lawyer today for guidance. Click here for more information on premium processing.

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

For the E-1 Treaty Trader visa:

Aliens who are citizens of a nation that has signed a trade and investment treaty with the U.S., who are coming to the United States:

  • Solely to carry on or engage in substantial trade between his/her country and the U.S., including trade in services or trade in technology.
  • Principally between the United States and the foreign state of which the alien is a national.

“Substantial” with reference to trade means a continuous exchange of goods and services between the U.S. and the treaty nation of the alien applicant, involving numerous transactions that began prior to the filing of the E-1 Visa application. Trade principally between the U.S. and the foreign state means that at least 50% of the total amount of trade conducted by the alien or his/her enterprise or employer must be between the U.S. and the treaty nation.

For the E-2 Treaty Investor visa:

  • solely to develop and direct the operations of an enterprise in which he/she has invested; or
  • solely to develop and direct the operations of an enterprise in which he/she is actively in the process of investing a substantial amount of capital; or
  • as an employee who will perform services that require special qualifications essential to the operations of the treaty investor’s enterprise, who has the same nationality as the treaty investor employer or the nationals owning at lest 50% of the enterprise, who must be under treaty investor status if residing in the U.S.; and
  • showing an intention to depart from the United States upon the termination of his or her status.

The definition of “Substantial” with reference to investment is at the discretion of the Secretary of State. However, in exercising this discretion, the Secretary of State conducts a “Relative Proportionality Test” as a guideline.

Through this test, they assess whether: 1) the value of the investment is substantial as a percentage of the fair market value of the enterprise, or 2) whether the value of the investment is substantial as a percentage of the capital usually required to establish the specified type of business in the specified industry, as per the visa application.

In addition, the investment enterprise must not be “marginal”, meaning it must have the capacity in the present or future to provide income more than a living wage to the investor and his/her family.

Although each case is evaluated individually by the State Department, generally the following rules apply in terms of minimum investment expectations:

1. For investment enterprises valued at less than $500,000

  • A minimum of 75% of the total value of the enterprise or for small to medium sized businesses, more than half of the value of the business
  • Exceptions may be made for certain start-ups and service businesses, where smaller initial investments may be appropriate depending on the particulars of the type of business

2. For investment enterprises valued between $500,000 and $3 million

  • A minimum of 50% of the value of the business or a flat $1,000,000 is expected to be invested
  • The State Department may make an exception if it can be demonstrated that in the specified industry, it is common practice to start a business with less than 50% of the value of the enterprise.

3. For investment enterprises valued at over $3 million

  • A minimum of 30% of the value of the business or a flat $1,000,000 is expected to be invested

All of the following three elements must exist for the E visa to be obtainable:

  • There must be a treaty between the U.S. and the country of the company or national applying for the visa
  • The majority ownership or control of the enterprise engaged in trade or investment with the U.S. must be held by nationals from the country which has signed a trade/investment treaty with the U.S.
  • Each employee or principal seeking E status must hold citizenship of the country, which has signed a trade/investment treaty with the U.S.

Our visa lawyers will help you evaluate your case, to make sure that you meet all the requirements before filing your E Visa application.

Aliens who are citizens of a nation that has signed a trade and investment treaty with the U.S., who are coming to the United States:

  • solely to develop and direct the operations of an enterprise in which he/she has invested; or
  • solely to develop and direct the operations of an enterprise in which he/she is actively in the process of investing a substantial amount of capital; or
  • as an employee who will perform services that require special qualifications essential to the operations of the treaty investor’s enterprise, who has the same nationality as the treaty investor employer or the nationals owning at lest 50% of the enterprise, who must be under treaty investor status if residing in the U.S.; and
  • showing an intention to depart from the United States upon the termination of his or her status.

The definition of “Substantial” with reference to investment is at the discretion of the Secretary of State. However, in exercising this discretion, the Secretary of State conducts a “Relative Proportionality Test” as a guideline.

Through this test, they assess whether: 1) the value of the investment is substantial as a percentage of the fair market value of the enterprise, or 2) whether the value of the investment is substantial as a percentage of the capital usually required to establish the specified type of business in the specified industry, as per the visa application.

In addition, the investment enterprise must not be “marginal”, meaning it must have the capacity in the present or future to provide income more than a living wage to the investor and his/her family.

Although each case is evaluated individually by the State Department, generally the following rules apply in terms of minimum investment expectations:

1. For investment enterprises valued at less than $500,000

  • A minimum of 75% of the total value of the enterprise or for small to medium sized businesses, more than half of the value of the business
  • Exceptions may be made for certain start-ups and service businesses, where smaller initial investments may be appropriate depending on the particulars of the type of business

2. For investment enterprises valued between $500,000 and $3 million

  • A minimum of 50% of the value of the business or a flat $1,000,000 is expected to be invested
  • The State Department may make an exception if it can be demonstrated that in the specified industry, it is common practice to start a business with less than 50% of the value of the enterprise.

3. For investment enterprises valued at over $3 million

  • A minimum of 30% of the value of the business or a flat $1,000,000 is expected to be invested

All of the following three elements must exist for the E visa to be obtainable:

  • There must be a treaty between the U.S. and the country of the company or national applying for the visa
  • The majority ownership or control of the enterprise engaged in trade or investment with the U.S. must be held by nationals from the country which has signed a trade/investment treaty with the U.S.
  • Each employee or principal seeking E status must hold citizenship of the country, which has signed a trade/investment treaty with the U.S.

Our visa lawyers will help you evaluate your case, to make sure that you meet all the requirements before filing your E Visa application.

What Are the E-1 Visa and E-2 Visa Durations?

The initial statutory limitation on the period of stay for an alien with an E-1 Visa or E-2 Visa can be no longer than two years. (Note: It is not uncommon for the U.S. Consulate to issue an E-1 or E-2 visa for five years).

Renewability of E-1 and E-2 Visas

The initial E Visa period can be extended as long as you demonstrate the continued viability of his business and the compliance with conditions of the visa.

Family Benefits of E-1 and E-2 Visas

The spouse and unmarried children under 21 of treaty trader or treaty investor aliens qualify for the same status as the principal alien, and their nationality is not relevant to their qualification. They can live and study in the U.S. without any additional permits. The spouse of the visa holder may obtain authorization to work in the U.S.

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

To apply for either visa the alien 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 alien’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 passport for all applicants

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

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

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

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

There are three stages in the process.

Stage One:
Preparation of Documentation including:

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

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

Stage Two:
Preparation and filing of E Visa application I-129 and I-129 E supplements

(Time requirements are approximately 15 days from the day all documentation is ready)

Stage Three:
The U.S. Immigration Service approval of visa application or receipt of notice requesting additional documentation or evidence 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 would increase the amount of time required to complete the process and may also increase the legal fees due, depending on the amount of additional work required.

(Adjudication of visa is approximately 120 to 150 days from filing of application with the U.S. Immigration Service, depending 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.

Click below links to verify the U.S. Immigration Service fees for the forms mentioned above, as they change regularly:

https://www.uscis.gov/forms

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

Click here to learn more about our immigration legal fees.
Click here if you would like to come in for an initial consultation with an E Visa lawyer

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The information contained in this Web site 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.

Client Reviews and Testimonials

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FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

Swarsatie R.

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My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

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Patricia M.

The service was efficient, professional and precise

I highly recommend Fitzgerald law company. The service was efficient, professional and precise. My lawyer, Juan Congote, helped me get through the green card process. I had zero problems and it was very fast. Juan was very meticulous with the documents until the very end. I really liked that!

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They helped me with a personal injury case

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It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

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Anonymous for Firm

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Anonymous for Firm

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Anonymous for Firm

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Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

Anonymous for Firm

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Anonymous for Firm

They put in a lot of time into my case all the while keeping me informed of any and all developments

A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

Anonymous for Firm

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My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Anonymous for Firm

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Anonymous for Firm

I was very happy working with them and will be happy to work with them again

The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

Anonymous for Firm

I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

Anonymous for Firm

I really like that they speak so many languages and can help anyone!

FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

Swarsatie R.

They have been very supportive and professional

My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

Yoseph A.

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Natasha A.

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Patricia M.

The service was efficient, professional and precise

I highly recommend Fitzgerald law company. The service was efficient, professional and precise. My lawyer, Juan Congote, helped me get through the green card process. I had zero problems and it was very fast. Juan was very meticulous with the documents until the very end. I really liked that!

Valerio B.

A very well organized firm, experienced and professional.

My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

Mike A.

They helped me with a personal injury case

Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

Garo M.

Experienced, professional, and caring

It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

Ahmed B.

Very professional and dedicated a lot of time to my case

Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

James K.

He explained things in a way that was easily understandable and things went smoothly

Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

Gassim F.

They made the process very smooth and pleasant

Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

Karol S.

The team is wonderful, efficient and very helpful/ professional

The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

Zulia O.

They make the process as simple as possible

Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

Anonymous for Firm

They put in a lot of time into my case all the while keeping me informed of any and all developments

A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

Anonymous for Firm

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Anonymous for Firm

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Anonymous for Firm

I was very happy working with them and will be happy to work with them again

The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

Anonymous for Firm

I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

Anonymous for Firm

I really like that they speak so many languages and can help anyone!

FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

Swarsatie R.

They have been very supportive and professional

My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

Yoseph A.

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Natasha A.

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Patricia M.

The service was efficient, professional and precise

I highly recommend Fitzgerald law company. The service was efficient, professional and precise. My lawyer, Juan Congote, helped me get through the green card process. I had zero problems and it was very fast. Juan was very meticulous with the documents until the very end. I really liked that!

Valerio B.

A very well organized firm, experienced and professional.

My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

Mike A.

They helped me with a personal injury case

Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

Garo M.

Experienced, professional, and caring

It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

Ahmed B.

Very professional and dedicated a lot of time to my case

Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

James K.

He explained things in a way that was easily understandable and things went smoothly

Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

Gassim F.

They made the process very smooth and pleasant

Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

Karol S.

The team is wonderful, efficient and very helpful/ professional

The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

Zulia O.

They make the process as simple as possible

Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

Anonymous for Firm

They put in a lot of time into my case all the while keeping me informed of any and all developments

A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

Anonymous for Firm

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Anonymous for Firm

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Anonymous for Firm

I was very happy working with them and will be happy to work with them again

The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

Anonymous for Firm

I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

Anonymous for Firm