For Business Visa Processing

Attorney Ahmad Yakzan of The American Dream® Law Office, PLLC is your first choice for a business visa lawyer in Miami, Florida. The E visa is a great option for international traders and international investors who are looking for a lower investment amount.

This type of visa is open to international traders and investors from certain countries who have treaties with the United States. Some of these treaties require certain amounts of investment and are limited in duration. Hiring an E-visa attorney like Attorney Ahmad Yakzan increases your chances of submitting and getting your visa approved by the Service.

• Must be entering the United States
• Based upon a treaty of friendship, commerce, and navigation, or other arrangements
• The person must be entering the United States for the following reasons:
  • Solely to carry on substantial international trade (E-1 treaty trader)
  • Solely to develop and direct the operations of a treaty enterprise in which the investor has or is in the process of investing (E-2 treaty investor)
  • As a key employee from a treaty country of either E-1 or E-2
  • As a principal executive and employer of an enterprise with at least 50% of shares owned by treaty nationals
  • A dependent of one the above-mentioned individuals

The E visa holder must show that he is coming to the US for a specific period and has an intent to depart. These visas cannot be denied solely for the approval of an immigrant visa petition.

Because some of the treaties have requirements not included in other treaties, an applicant must also submit a business plan. E visa holders may adjust their status by including Form I-508 with their adjustment of status application to waive any treaty protections.

A person entering the US as an E treaty investor or trader has to be a national of a treaty enterprise. In an employee’s case, he/she and the treaty enterprise must be from the same treaty country. The country of incorporation is irrelevant to the application. All that matters is the nationality of the trader or investor.

Lawful permanent residents may not be counted towards nationality. The nationality used to enter the US is the one that is used at the time of the application.

E-1 visas are available to citizens of the treaty country if they meet the following criteria:

• Shows that the treaty exists
• Possesses the nationality of the treaty country
• Activates constitute trade under the Immigration and Nationality Act
• Has a trade that is substantial and is between the US and the treaty country
• Leaves the US after the E-1 status terminates

Trade is defined as the international exchange of goods between the US and the treaty country of which the trader is a citizen of. Goods could be tangible and nontangible products and services. The trade must also be ongoing and in existence and the applicant must show that it was at the time of the application. Employees of the trading company can be new hires but must be treaty nationals.

The E-2 visa classification is available to nationals of the treaty country who meet the following requirements:

• Must show that the treaty exists
• Individual or the enterprise possesses the nationality
• The applicant has invested or in the process of investing in the treaty enterprise
• The treaty enterprise is real and operating
• Investment is substantial
• The applicant will develop and control the enterprise
• The employee must be an essential employee
• The applicant intends to depart the United States after the classification is over

The nationality of the treaty enterprise is determined by the percentage of stock the treaty national controls. Ownership of 50% of the enterprise will be enough if the investor controls the enterprise. The investment funds must be at risk. They could be obtained through a loan but must not be secured by the assets of the enterprise. The funds must also be irrevocably committed to the enterprise.

The investor must show that the funds were obtained through legal means. It can be from loans, gifts, inheritance, or any other legitimate sources. Rents paid for the treaty enterprise can be counted towards the investment. The investment could also include intellectual property using the fair market value. However, passive investments are not counted.

The investment must also be substantial, meaning that the amount invested should be sufficient to run the enterprise. To test this, the US government uses the proportionality test.

The enterprise may not be marginal. Marginal enterprises are ones that do not have the present or future capacity to generate enough income for a minimal living for the investor and his family. An investor must show that his enterprise will expand job opportunities, generate other sources of income, generate substantially more income than what is considered a minimal living.

He or she must show that he/she will not simply work as a skilled or unskilled worker. An investor must also direct and develop the enterprise and have a controlling interest in the treaty enterprise. This requirement does not apply to employees.

The E enterprise may hire employees and grant them the E classification. They apply the necessary petitions for executives, supervisors, and essential employees.

An executive is principally an executive and opposed to someone whose job incidentally or collaterally executive. They must have great authority to determine policy, terminate employees, supervise a major part of the company, have executive skills and experience, and have a major role in the company. Meanwhile, nonsupervisory employees must be essential to the operation of the enterprise.

Family members of the E visa holder may be classified as E visa holders. Their nationality is irrelevant. Spouses of E-2 visa holders may obtain an employment authorization card, which may be granted for two years. Additionally, children may not be employed but may attend school without changing status.

Applicants who are in the US may submit a change of status by filing an application using form I-129. An applicant may also apply at the embassy or consulate in their country using DS-160.