Investor and Start-up Visas
E-2 Visa
E-2 is offered to investing companies, partnerships, and individuals who are either owners, directors, or skilled executive workers. It requires both you, your partner(s) (if there is any), and your company (if you are an employee of one) to be promising enough to contribute to the US economy and strengthen the financial cooperation between both parties. Even though the selection process is meticulously regulated and may be tedious for applicants at times, the overwhelming majority of applications get accepted!
Eligibility Requirements:
- Firstly, the applicant, whether it’s a corporate entity, partnership, or individual, has to be a national of one of the treaty countries. (Dual nationalities accepted).
- If the applicant is a corporate entity, at least half of the business must be owned by individuals with treaty country’s nationality. The capital for investment must be substantial to ensure the sustainability of the business.
- The investment has to be active, operating one. A concept entity and abstract paper enterprise would not be viable for consideration.
- Investment should not be marginal. This means investment is required to either produce significantly more income than the one which would solely afford the applicant and his/her family’s living.
- The investor is expected to have full control over his/her investment funds.
- Source of investment funds must be clear and traceable.
Family Members:
Spouses and unmarried children under the age of 21 can apply for an E-2 dependent visa as well.
FAQ:
What is my duration of stay?
Duration of your stay, as well as number of entries, vary by treaty country. But it generally ranges from 3 months to 5 years. If you apply change of status in the U.S, you only get 2 years of stay in the U.S. Please beware of difference between visa and status, visa is needed to be able to travel and multiple entries to the U.S while status only gives option to stay in the U.S.
Can I get an extension?
Yes, you can apply extension as many times as you want.
Can I change my immigration status while in the U.S.?
Yes, you can. To learn more about changing your status, please see Change My Nonimmigrant Status.
Is my country one of the treaty countries?
To learn whether your home country is on the treaty list, please visit Treaty Countries.
How long will I wait until my visa/status is approved?
This depends on whether you are in the U.S. or not. If you are applying for a change of status in the U.S., the average processing time usually takes about 6 months. On the other hand, you can choose the premium processing service of USCIS. This will shorten the processing time to 15 days!
If you are outside of the U.S. and going through consular processing for the visa application, the wait time for approval will depend on your home country’s U.S. consulate or embassy. But expectedly, the wait time for consular processing applications will be longer considering that you will also need to make an interview appointment at the U.S. consulate or embassy of your home country.
Can my spouse work in the U.S.?
Spouses of E-1 workers can apply for work authorization. They need to simply file form I-795, Application for Employment Authorization. If granted, spouses can work any jobs as there are no specific restrictions and regulations concerning their employment.
E-1 Visa
E-1, or Treaty Trader visa is a type of non-immigrant visa available to nationals whose countries hold a trade treaty with the United States. Businesspersons who seek to engage in substantial trade or participate in an enterprise that engages in trade with the U.S. can choose to apply for an E-1 visa.
Eligibility Requirements:
- The applicant must be a national of a treaty country with which the U.S. conducts trade, commerce, and navigation under a relevant treaty.
- The applicant’s trade must be substantial in operation.
- The applicant should carry on conducting trade primarily between the U.S. and the country via which s/he can be issued an E-1 visa.
- The company should not be marginal. This means the company is required to produce significantly more income than the one which would solely afford the applicant and his/her family’s living.
Family Members:
Spouses and unmarried children under the age of 21 are eligible to apply for E-1 visas as dependents. If approved, they will be entitled to the same period of lawful stay as the applicant.
FAQ:
What is my duration of stay?
Duration of your stay, as well as number of entries, vary by treaty country. But it generally ranges from 3 months to 5 years. If you apply change of status in the U.S, you only get 2 years of stay in the U.S. Please beware of difference between visa and status, visa is needed to be able to travel and multiple entries to the U.S while status only gives option to stay in the U.S.
Can I get an extension?
Yes, you can. Fortunately, extensions are limitless.
Can I request a change of status to E-1 while in the U.S.?
As long as you are in the U.S. under a lawful nonimmigrant status, you can request a change of status to E-1 by filing Form I-129, Petition for a Nonimmigrant Worker.
Is my country one of the treaty countries?
To learn if your country is a treaty country or not, please see Treaty Countries by the U.S. Department of State.
Are the nationalities of my spouse and/or children must be same as mine?
Fortunately, no. Your spouse and children might hold different nationalities than yours, and their national country may be a non-treaty country.
Can my spouse and children request a change of status to or extension of stay in an E-1 if they are already in the U.S.?
Yes! They can request a change of status to or extension of stay in an E-1 by filing form I-539, Application to Extend/Change Nonimmigrant Status.
Can my spouse work in the U.S.?
Spouses of E-1 workers can apply for work authorization. They need to simply file form I-795, Application for Employment Authorization. If granted, spouses can work any jobs as there are no specific restrictions and regulations concerning their employment.
L-1A Visa
L-1A visa is a type of nonimmigrant visa that allows either a U.S. employer to employ an executive or manager from one of its foreign offices, or a foreign company to send an executive or manager to start business operations in the U.S. L-1A Visa is preferable by many start-up investors seeking to expand to the United States.
Eligibility Requirements:
- Qualifications of the Employer:
- The employer must have a qualifying position in an organization that is recognized by the U.S. as a qualifying financial entity. This could be parent company, subsidiary, or affiliate, and branch.
- The employer must be doing or will be doing business as an employer in the United States and in one another country minimum as long as s/he is a beneficiary of an L-1A visa.
- Qualifications of the Employee:
- The employee must have been employed by a qualifying foreign organization at least one full year within the past three years before applying for an L-1A visa.
- Throughout his/her stay in the U.S., the employee must be employed as an executive or manager by the branch, affiliate, subsidiary, or parent company of a foreign entity.
Family Members:
Spouses and unmarried children under the age of 21 may enter U.S. as dependents of L-1A visa holders. Their status will be under L-2, and they will be entitled to the same period of stay as the L-1A visa holder.
FAQ:
What is my duration of stay?
If you are entering the U.S. to establish a new office of your foreign company, you will be granted a one-year stay. If you are a transfer of a foreign company to its U.S. office, your initial stay will be a maximum of three years.
Can I get an extension?
Yes, you can! Extensions are granted in increments up to two years. However, they are not limitless and cannot exceed a total of seven years.
Can my family request a change of status to or extension of stay in L-2 if they are already in the U.S.?
Yes! This is relatively easy. All your family needs to do is to apply on a Form I-539, Application to Change/Extend Nonimmigrant Status.
Can my spouse work legally in the U.S.?
Yes, s/he can! All your spouse needs to do is apply for work authorization. This means filing Form I-765, Application for Employment Authorization. Fortunately, there are no restrictions or regulations regarding the work your spouse can do!
Are there additional requirements for L-1A beneficiaries seeking to establish U.S. offices?
Yes. And they are as follows:
- The employer has to secure a physical presence from where the new office can be managed.
- The employee tasked with establishing the U.S. office must have been employed either as an executive or as a manager for at least one full year.
- The U.S. office in the making has to financially support the executive or managerial position within one year starting with the L-1A validity period.