E-1 Treaty Trader Visas and E-2 Treaty Investor Visas

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The law firm of Jeffrey B. Steinfeld, PC has helped numerous foreign nationals obtain E-1 Treaty Trader visas and E-2 Treaty Investor visas.

E-1-Treaty Trader

The E-1 Treaty Trader visa is designated to allow individuals from foreign countries that are engaged in international trade between the United States and their country of origin to carry on business. Trade refers to commercial dealings in goods, trade, services, and technology

The following must be met to qualify for an E-1 Treaty Trader visa:

  • The firm in the US must have the nationality of a treaty country.
  • The applicant must be a national of the treaty country.
  • The international trade must be "substantial"; there must be a sizable and continuing volume of trade.
  • The trade must be principally between the US and the treaty country, which is defined to mean that more than 50% of the firm's international trade involved must be between the US and the country of the applicant's nationality. Trade means the international exchange of goods, money, services, or technology. Title of items must pass from one party to another.
  • The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the operation of the firm.

E-2 -Investor Trader Visa

The E-2 Treaty Investor visa is designated to allow individuals from foreign countries to come to the United States to carry on substantial to develop and direct the operations of an enterprise in which the national has invested, or is actively in the process of investing, a substantial amount of capital.

The following must be met to qualify for an E-2 Treaty Investor visa:

  • The investor must be a national of a treaty country.
  • 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 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.
  • The investment must not be marginal. It must generate significantly more income than needed to provide a living to the investor and family, or it must have a significant economic impact in the United States.
  • The investor must have control of the funds, and the investment must be at risk in the commercial sense. For the purpose of measuring the investment, loans secured with the assets of the investment enterprise are not counted.
  • The investor must be coming to the US to develop and direct the enterprise. If applicants are not the principal investors, they must be employed as a supervisor, executive, or as the possessor of highly specialized skills.

Please contact Jeffrey B. Steinfeld, PC for a case-specific evaluation of your E-1 treaty Trader Visa or E-2 Treaty Investor case. If you live or work in the New York / New Jersey metro area, please call or email us to arrange an in-person consultation in our Hackensack, NJ office.

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