Texas E-Visa Attorneys

E-1 Treaty Trader Visa

Nationals of countries that have treaties designed to promote trade and investment between the US and the other country can obtain visas to work in the US. These visas are called E-visas. There are two types of E visas, E-1 Treaty Trader and E-2 Treaty Investor. This article discusses the E-1 visa. Spouses and children of E1 visa holders may enter and remain in the US in E1 status. E1 visa spouses may apply for work permit. E1 spouses and children may attend school in the United States. E1 Visas are appropriate for executives, managers and specialists of a treaty nation company operating in the US seeking to enter to carry out substantial trade, including their family members. E1 visas are also appropriate for companies in treaty countries who wish to send key personnel to set up a US company or manage the US affiliate or branch.

1. ELIGIBILITY:

The Treaty Trader (E-1) or Treaty Investor (E-2) visa is for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the U.S. to carry on substantial trade, including trade in services or technology, principally between the U.S. and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital, under the provisions of the Immigration and Nationality Act.

The E-1 visa category is useful for entrepreneurs, managers and employees who need to live in the US to oversee a company that is involved in trade between the US and a foreign state.

2. CRITERIA:

There are certain requirements for the E-1 visa category to apply:

• The majority ownership or control of the trading company must be held by nationals of the treaty country;

•- Majority ownership is considered at least 50% of the stock of the corporation. For large, publicly held companies, the company is presumed to have the nationality of the country where its stock is initially listed and traded on a public stock exchange.

• The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;
• The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;
• 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;
• The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country;
• The applicant must be a national of a treaty country.

3. NATIONAL REQUIREMENT:

In order to qualify for an E1 Visa, you must be a national of one of the following treaty countries:

Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Canada, Chile, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, Kosovo, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Montenegro, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia, Singapore, Slovenia, South Korea, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Yugoslavia.

4. DURATION:

The initial statutory limitation on the period of stay for an alien with an E-1 or E-2 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).

The initial visa period can be extended indefinitely as long as the alien affirms that he/she will not remain in the U.S. after this period, including extensions, ends.

Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.

E-2 Treaty Investor Visa

The E2 Treaty Investor visa allows nationals from countries that have treaties of commerce and navigation or bilateral agreements in effect with the U.S., to enter the U.S. for the purpose of directing and developing the operations of an enterprise they have invested in, or are in the process of investing a substantial amount of capital.

1. ELIGIBILITY:

A national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States to carry substantial trade, including trade in service or technology, principally between the United States and the treaty country; or to develop and direct the operations of an enterprise in which the national has invested; or is in the process of investing a substantial amount of capital.

E1 Visas are appropriate for executives, managers and specialists of a treaty nation company operating in the US seeking to enter to carry out substantial trade, including their family members. it also appropriate for companies in treaty countries who wish to send key personnel to set up a US company or manage the US affiliate or branch.

2. CRITERIA:

There are certain requirements for the E-2 Treaty Investor visa category to apply:

• The investment must be substantial. It must be 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 investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;
• The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and 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. Loans secured with the assets of the investment enterprise are not allowed;
• The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify;
• The investor, either a real or corporate person, must be a national of a treaty country.

3. NATIONAL REQUIREMENT:

In order to qualify for an E2 Visa, you must be a national of one of the following treaty countries:

Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Serbia, Senegal, Singapore, Slovak Republic, Slovenia, South Korea, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Yugoslavia.

4. DURATION:

Generally, an E visa will be issued for a period of five (5) years. The spouse and children of the principal applicant will also receive E visas for the same period of time. When they enter the United States, they will be given a period of stay of one (1) year.

Spouses and children of E2 visa holders may enter and remain in the US in E2 status. E2 spouses may apply for work permit. E2 spouses and children may attend school in the United States.

Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.

E3 Visa Australian Specialty Worker Visa

The E-3 Australian specialty worker visa is a work visa category available only to Australian citizens. The E-3 visa allows Australian citizens to come to the United States to work temporarily in a specialty occupation, also referred to as a professional position. However, a job offer from the US is required before an Australian citizen may apply for an E-3 visa.

1. ELIGIBILITY:

The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States. Architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations. If the Australian applicant has a college degree or work experience and the job requires a college degree, then the applicant should be able to obtain an E3 visa. The E3 Visa is appropriate for Australian nationals with specialized knowledge, such as scientists, engineers, programmers, research analysts, management consultants, journalists, accountants, and others with a Bachelor's or equivalent degree.

2. CRITERIA:

• Are a national of Australia;
• Have a legitimate offer of employment in the United States;
• Possess the necessary academic or other qualifying credentials;
• Will fill a position that qualifies as a specialty occupation;
• That his or her stay will be temporary;
• That he or she has the necessary license or other official permission to practice in the specialty occupation.

3. DURATION:

E-3 applicants are admitted for a two-year period renewable indefinitely, as long as the applicant can show he doesn't intend to remain or work permanently in the US.

Spouses of E-3 visa holders may work in the US without restrictions. E-3 spouses may apply for an Employment Authorization Document (Form I-765) through United States Citizen and Immigration Services (USCIS). You'll need a marriage certificate to qualify as a spouse.

4. LIMITED NUMBER OF E-3 VISAS:

There is a maximum of 10,500 E-3 visas issued annually. The cap applies only to the principal E-3 visa holder. Extensions of E-3 visas aren't counted against the annual cap. Also, spouses and children of principal applicants don't count against the limit.

Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.