Representing Clients Seeking the E Treaty Trader/Investor Visa
The E visa may be available for foreign nationals of countries that have a Treaty of Trade and Commerce with the United States in certain circumstances. The E visa is available for those foreign nationals who:
- Are employed in the U.S. by an overseas corporation that qualifies for Treaty Trader status for the purpose of providing services that are “essential to the efficient operation” of the Treaty Trader corporation; or
- Have invested (or are actively in the process of investing) a substantial amount of capital to establish a business in the U.S. that will conduct trade with his or her home country.
At Khalaf & Abuzir, LLC, our Chicago-area business immigration attorneys represent employees and businesses with respect to a multitude of immigration issues. We represent immigrants seeking to obtain permanent residence status in the United States through labor certifications and EB-5 investor visas, as well as non-immigrants seeking to obtain temporary work visas, including L intra-company transfer visas and E treaty trader/investor visas.
The Chicago employment immigration law firm of Khalaf & Abuzir is well-versed in a variety of business and employment immigration issues. We have experience representing U.S. businesses hiring foreign nationals, as well as individual employees seeking entry into the United States. Contact our Illinois business immigration attorneys at (708) 233-1122 to schedule a free consultation to learn more about how we can help you with your treaty trader immigration needs.
Table of Contents
E-1 Treaty Trader Visa
In order to qualify for an E-1 visas, a treaty trader applicant must meet the following requirements:
- The applicant must be a national of a country that has a Treaty of Trade and Commerce with the United States.
- The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country.
- International trade must be “substantial,” or of a sizable and continuing volume of trade.
- The trade must be principally between the U.S. and the treaty country (at least 50 percent of the international trade involved must be between the U.S. and the country of the applicant’s nationality).
- Trade is defined as the international exchange of goods, services, and technology, with a transfer of title to the goods passing from one party to the other.
- The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.
E-1 Treaty Trader Visa
In order to qualify for an E-2 visa, a treaty investor must meet the following requirement:
- The investor must be a national of a country that has a Treaty of Trade and Commerce with the United States.
- The investment must be substantial and sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
- The investment must be a real operating enterprise. Speculative or idle investments and uncommitted funds in a bank account or similar security do not qualify.
- The investment must generate significantly more income than necessary to the investor and his or her family, or it must have a significant economic impact in the U.S.
- The investor must have control of the funds, and the investment must be at risk in the commercial sense.
- The investor must be coming to the U.S. to develop and direct the enterprise. If not the principal investor, the applicant must be employed in a supervisory, executive, or highly specialized skill capacity.
Consular Processing
E visa applicants should generally apply for the visa at the U.S. Embassy or Consulate office of their home country. Through our network of connections with immigration professionals throughout the world, we are able to assist clients with consular processing. If you are a treaty trader or a treaty investor, contact the knowledgeable Chicago business immigration attorneys at Khalaf & Abuzir at (708) 233-1122 to schedule a free consultation to learn more about the E visa requirements and application process.
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