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E1/E2 Visa

Detroit Michigan Immigration Lawyer

Advising Clients in and around Detroit regarding E-1 and E-2 Visas

The E visa is available for those individuals who are entering the United States and are foreign nationals of a country that has a Treaty of Trade and Commerce with the United States. The E-1 visa applies to treaty traders and the E-2 visa applies to treaty investors. Detroit, Michigan immigration attorney David Newman handles applications for both E-1 and E-2 visas, as well as a number of other business visa options such as H-1B and L-1 visas. Contact his office at (248) 737-1824 to learn more about the requirements and application process for obtaining an E visa.

E Visa Requirements

In order for an individual to be eligible for an E visa, the individual must be a foreign national who satisfies the following two requirements:

  • The individual is employed in the U.S. by an overseas corporation that qualifies for Treaty Trader status for the purpose of providing services that are “essential to the efficient operation” of the Treaty Trader corporation; or
  • The individual has invested (or is actively in the process of investing) a substantial amount of capital to establish a business in the U.S. that will conduct trade with his or her home country.

Whether you are a treaty trader or a treaty investor, Michigan immigration attorney David Newman can help you to determine your E visa eligibility and assist you with the applicable process. As an experienced Detroit employment immigration attorney, David Newman is well-versed in a multitude of employment visa options, including L intra-company transfer visas, H-1B visas, and B-1/B-2 visas.

Treaty Trader (E-1) Requirements

In order to be eligible for an E-1 treaty trader visa, the following requirements must be met:

  • The applicant must be a national of a treaty country.
  • The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country.
  • The international trade must be “substantial.”
  • The trade must be principally between the U.S. and the treaty country.
  • Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
  • The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm.

Treaty Investor (E-2) Requirements

In order to be eligible for an E-2 treaty investor visa, the following requirements must be met:

  • The investor must be a national of a treaty country.
  • The investment must be substantial and sufficient to ensure the successful operation of the enterprise.
  • The investment must be a real operating enterprise. Speculative or idle investment does not qualify and uncommitted funds in a bank account or similar security are not considered an investment.
  • The investment 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.

Whether you are a U.S. businesses hiring a foreign national or a foreign national who is seeking entry into the United States, Michigan immigration attorney David Newman can assist you with the entire visa application process. Contact Detroit area business immigration attorney David Newman at (248) 737-1824 to schedule a free consultation to learn more about how he can help you with your treaty trader immigration needs.