Houston E-1 Trader & E-2 Treaty Investor Visas

E-1 & E-2 are non-immigrant visas which allow an alien to come to the U.S to invest in a new business or to purchase an existing business. An E-1 visa pertains to an international trader whereas an E-2 pertains to an international investor. The Houston Immigration Lawyers at Smith & Garg are experienced immigration lawyers who can help you with the process of obtaining an E class visa. The E visa category is an extremely useful means by which individuals from certain privileged countries can remain in the United Sates for an indefinite period of time after having made an investment in a U.S based business. The traders and/or investors are permitted to remain in the United States for the entire period that the underlying investment remains in place. Their spouses and children under the age of 21 are also permitted to remain in the U.S and to attend school. Recently, the law has changed regarding spouses of a person holding an E class visa. Specifically, the spouse of the principal investor can now obtain work authorizations during the period where the E class visa is in effect. Treaty visas are available for aliens who wish to purchase an existing business and also for those who wish to start-up a new business. There is no restriction on the type of business that may be opened or operated. The business could be small in size such as a convenience store, or a multi-million dollar corporation, such as a car factory/dealership.

The Houston Immigration Attorneys at Smith & Garg, LLC are experienced immigration lawyers and are experienced in filing E-1 Treaty Trader Visas and E-2 Treaty Investor Visa. We have a 95% rate on filing and processing successful E-2 Treaty Investor applications. We serve clients in Houston, The Woodlands, Humble, Kingwood, Conroe, Sugar Land, Dallas, Austin, San Francisco, Los Angeles, New York, Atlanta, and even internationally (Pakistan, Germany, U.K, Australia, India, Russia, Thai Land, and Singapore). Please contact us at Smith & Garg, LLC to obtain professional counseling if you are thinking about investing in the U.S endeavor or enterprise.

Common Questions:

How long can I stay in the U.S under E-1/E-2 treaty visas?

Initially, a two year visa is granted to persons coming to the United States in the E category. However, this period can be extended indefinitely as long as the underlying investment is in existence and the E-2 enterprise remains operational. The investor can even change from one industry to another as long as the enterprise (i.e. the underlying investment company) still exists.

How can I obtain an E Visa?

Unlike for most non-immigrant visas, the application for an E-2 Visa is normally made through the U.S. Embassy or consulate in the applicant's home country. However, E-2 applications (which are not equivalent to a visa) can also be made directly to the USCIS (immigration services) in the U.S. Under a visa, which is obtained through the consulate office, the holder allowed to leave the U.S. and come back as long as the visa is still in effect. On the other hand, an E-2 Status is obtained through USCIS once the person is in the United States and is only in effect until that person leaves the country. After leaving the country, the person must obtain a re-entry permit before traveling outside the U.S.

What are the requirements for me to obtain a Treaty Visa?

Existing Treaty Between The U.S. And The Applicant's Country Of Nationality – A Friendship and Commerce Treaty and/or a Navigation and Commerce Treaty must exists be foreign country and the U.S.
The Alien Applicant Must Be A National of The Treaty Country – The INA defines the term "national" as "a person owing permanent allegiance to a state." Generally, presentation of a passport issued by one of the listed countries suffices to demonstrate nationality.
The Company Must Be "Qualifying" Under The Treaty – The company that petitioning or the alien investing must be at least 50% owned by the qualifying foreign National. However, under the "Control and Management" requirement, which will be discussed below, it is advised that the alien owns at least 51% of the qualifying corporation.
Evidence of Substantial Investment In The U.S., and Such Investment Must Be At Risks – This Requirement has three Components as follow:
- "Investment" must be personal investment. Therefore, although an investment can be a loan, it must be a personal loan that the applicant will be personally liable for the loan in case the business fortunes reverse.
- "Substantial" investment is a proportionality test. Although there is no specific amount of dollars the applicant must invest, the State Department expresses its view that to be "substantial" an investment amount must be large enough to have a good chance of resulting in a successful enterprise. Under Matter of Walsh and Pollard, 20 I. & N. Dec. 60, 63 (BIA 1988), the Board of Immigration Appeals held that substantial investment of $15,000 was sufficient for the business that the investors sought to start. In practice, it is advised that the investor contributes at least $50,000 of personal funds to show "substantiality."
- Additionally, the investments must be "At Risks" of potential business loss, and must show that the funds are irrevocably committed to the investment (i.e. the investment must be "active" and not "passive"). Although an investor can usually show that the funds are at risk by purchasing an existing business, or starting a new business by having a lease agreement signed and/or purchases of equipments and supplies, funds placed in escrow with disbursement contingent only on visa issuance, and then irrevocably committed to the enterprise, will satisfy the requirement, because the investor will have "progressed to the point of no return."
The Qualifying Investor Must Have Control And Management of His Investments – The State Department holds that to qualify as coming to the U.S. to "develop and direct" an investment enterprise, a foreign national should have a controlling interest in the enterprise. In the past, an interest of 50 percent or less was considered inadequate to demonstrate control. More recently, consideration has been given to the ability of 50 percent owners to control the direction of an enterprise by veto power. Both The Consular and State Department proposed regulations state that 50 percent ownership of an enterprise, or de facto control where there is less than 50 percent ownership, can satisfy the controlling interest requirement. As stated previously, as a precaution, it is advised that the alien owns 51% of the corporation to show that he/she has management and control of such corporation.
Intent To Depart – Unlike some other nonimmigrant categories, E non-immigrants do not need to have a residence outside the U.S. that they have no intention of abandoning. Also, unlike most other nonimmigrant categories, E non-immigrants do not need to show that they are coming to the U.S. for a specific period of time. An E-2 investor visa allows a foreign national to stay in the U.S. to manage and direct the investment enterprise for an indefinite period, and E-2 non-immigrants may properly stay in the U.S. for many years (however, as discussed below, E-2 visas have differing fixed periods of validity, and E-2 non-immigrants are admitted for definite periods of stay, which may be extended). Nonetheless, E visas are nonimmigrant visas. Thus, the Applicant must states that he or she intents to depart once his/her E-2 terminates.

What are the advantages of an E-2 visa or an E-2 status?

One of the advantages of an E-2 Visa is that there is no limited duration in which the investor can remain in the U.S. The person can remain indefinitely so long as he is maintaining his status requirements under the controlling issues discussed above. One other important factor is that, unlike other visa, such as H-1B, the spouse may also obtain a work permit and work for whoever he/she so chooses. Because the Friendship and Commerce Treaty or the Navigation and Commerce Treat requires the U.S. to treat an E-2 treaty investor as its own citizen, the E-2 investor can obtain all required permits to operate his business, just as a U.S citizen. Finally, for the same reason stated previously, children accompanying E-2 investors can attend U.S. schools (including public schools) at resident rate (1/3 less than foreign student rates).