The E Treaty Visas program is one of the most popular ways for foreign nationals of countries that have trade treaties with the U.S. to come live and work in the U.S. Some of the countries whose citizens qualify for E Treaty Visas include: Argentina, Canada, Finland, Germany, Iran, Italy, Mexico, Norway, Pakistan, Philippines, Singapore, Sweden, United Kingdom, and Austria. All of these countries, and others, have maintained treaties with the U.S. promising mutual trade and investment.
What are the E Treaty Visas?
E Treaty Visas are non-immigrant visas. This means that it allows the holder to enter the U.S. legally and work for their designated employer, but it does not put the holder on the path to legal permanent residency and U.S. citizenship. In addition, the holder must be a citizen of a qualifying treaty country.
There are two E Visas: the E-1 Treaty Trader Visa and the E-2 Treaty Investor Visa. Generally speaking, the E-1 Visa is for foreign employees of foreign companies that engage in substantial trade principally between the U.S. and the foreign-owned company’s treaty country. The E-2 Visa is for foreign nationals who invest a substantial amount of capital in return for at least 50% ownership or operational control into an operating company in the U.S.
What are the necessary employee qualifications under the E Visa?
Proposed foreign employees must meet certain criteria. For starters, the employee must originate from the same home country as their employer. In addition, they must fall either into the category of manager/executive or that of an employee with specialized skills.
How long does an E Visa stay last?
It is important to note that an E Treaty Visa applicant has two avenues through which to apply: 1) U.S. Immigration and Citizenship Services (“USCIS”) and 2) the U.S. embassy in a foreign treaty nation. The duration of an E Visa depends on which application avenue is used and the reciprocity agreement between the U.S. and the foreign nation. Luckily, unlimited multi-year extensions are available under this program.
Must an employee under the E Visa stay within the U.S.?
There are no travel restrictions under the E Visa program, which means that the employee can visit their home country as often as they like and still come back into the U.S. – as long as they maintain their good status in the program.
Who can enter the U.S. with the applicant?
One of the best aspects of the E Visa program is that the employee can bring family members with them to the U.S. Spouses and unmarried children under 21 years of age can be brought along, and can potentially work in the U.S. themselves.
Applying for the E Visa program involves many moving parts, and to assure your best chance of success, you should have an experienced immigration lawyer on your side. Call the E Visa lawyers at David Hirson & Partners today to discuss your options with us.