Invest in the U.S.

E-1 Treaty Trader, Spouse and Children

You are eligible for an E-1 visa to enter and work in the U.S. based on the investment you will be controlling while inside the U.S. under and pursuant to a treaty of commerce and navigation between the U.S. and the foreign state of which you are a national. The sole purpose is to carry on “substantial trade” (at least 50%), principally between the U.S. and the country of which you are a national.

The spouse and minor child/ren of an E-1 Treaty Trader can accompany or follow the E-1 Treaty Trader to the U.S. also under the same E-1 classification, even if such spouse and/or child/ren are not from a treaty country. E-1 spouses can work in the U.S. with authorization from the U.S. Citizenship and Immigration Services (USCIS), but E-1 child/ren are not allowed to work with their E-1 classification.

E-2 Treaty Investor, Spouse and Children

You are eligible for an E-2 visa to enter and work in the U.S. if you are coming to “develop and direct” an investment enterprise, under and pursuant to a treaty of commerce and navigation between the U.S. and the foreign state of which you are a national. The sole purpose is to “develop and direct” the operations of an enterprise in which you have or are in the process of investing a “substantial amount of capital”. which should be over 50% ownership of the enterprise. For small or newly created enterprises, ownership should be 75-100%.

The spouse and minor child/ren of an E-2 Treaty Investor can accompany or follow an E-2 Treaty Trader to the U.S. also under the same E-2 classification, even if such spouse and/or child/ren are not from a treaty country. E-2 spouses can work in the U.S. with authorization from the U.S. Citizenship and Immigration Services (USCIS), but E-1 child/ren are not allowed to work with their E-2 classification.

E-1 or E-2 Employees

Executives, supervisory employees, or employees with special qualifications whose services are essential to the efficient operation of the enterprise - of an E-1 Treaty Trader or an E-2 Investor can also be issued E-1 employee or E-2 employee visas. To qualify, such executive or supervisory employee must have “ultimate control or responsibility for the treaty enterprise’s efficient operations.” A “special qualifications” employee must have such “skills and/or aptitudes considered essential to the successful operation of the treaty enterprise.”

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