
Understanding the Visa E2 and E Treaty Trader Status in the United States
Are you considering expanding your business into the United States? If so, obtaining the Visa E2 or E Treaty Trader Status might be the perfect solution for you. This article will delve into the details of both options, providing you with a comprehensive understanding of their benefits, requirements, and the process involved.
What is the Visa E2?
The Visa E2 is a non-immigrant visa that allows citizens of certain countries to enter the United States to develop and direct the operations of an enterprise in which they have invested a substantial amount of capital. This visa is designed for treaty traders, which are individuals who engage in substantial trade between the United States and the treaty country.
Here are some key points to consider about the Visa E2:
- Citizenship Requirement: You must be a citizen of a country that has a treaty of commerce and navigation with the United States. As of now, there are 85 countries that have such treaties.
- Investment Requirement: You must invest a substantial amount of capital in a real operating enterprise in the United States. The investment must be more than a marginal one, meaning it should generate more than a minimal profit.
- Job Creation: Your investment should create or maintain significant employment for U.S. workers.
- Duration of Stay: The initial E2 visa is valid for up to two years and can be renewed indefinitely, as long as the business continues to meet the requirements.
What is the E Treaty Trader Status?
The E Treaty Trader Status is similar to the Visa E2, but it is not a visa. Instead, it is a status granted to individuals who are treaty traders. This status allows individuals to live and work in the United States without the need for a visa.
Here are some key points to consider about the E Treaty Trader Status:
- Citizenship Requirement: The same citizenship requirement applies as with the Visa E2.
- Trade Requirement: You must engage in substantial trade between the United States and your home country. Trade can include the exchange of goods, services, or both.
- Duration of Stay: The E Treaty Trader Status is valid for up to two years and can be renewed indefinitely.
Comparing Visa E2 and E Treaty Trader Status
Now that you have a basic understanding of both the Visa E2 and E Treaty Trader Status, let’s compare the two to help you determine which option is best for your situation.
Visa E2 | E Treaty Trader Status |
---|---|
Non-immigrant visa | Non-immigrant status |
Must apply for visa before entering the United States | No visa required, but must apply for status upon arrival |
Can be renewed indefinitely | Can be renewed indefinitely |
Can bring family members (spouse and children under 21) on E2 derivative visas | Can bring family members on E2 derivative visas |
As you can see, the main difference between the Visa E2 and E Treaty Trader Status is that the Visa E2 requires you to apply for a visa before entering the United States, while the E Treaty Trader Status does not.
How to Apply for Visa E2 or E Treaty Trader Status
Applying for the Visa E2 or E Treaty Trader Status involves several steps. Here’s a general outline of the process:
- Ensure Eligibility: Verify that you meet the citizenship and investment/trade requirements.
- Prepare Documentation: Gather all necessary documents, such as proof of investment, business plan, and financial statements.
- File Petition: Submit Form I-129, Petition for a Nonimmigrant Worker, to the United States Citizenship and Immigration Services (USCIS).
- Wait for Approval: