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E-visas

 The United States of America have established long-term relationships with most other countries in the world. The US signed treaties of Friendship, Commerce and Navigation to enhance trade and investment and also encourage world peace.

Nationals of the countries that have treaties with the United States can obtain a special visa to be able to work in America and conduct their business operations as traders or investors.

E-visas are non-immigrant types of visas designed specifically for those who wish to or are currently carrying substantial trade between the US and the treaty country (E-1) and/or investing in the US business (E-2).

Treaty traders and treaty investors should:

  • Be engaged in a substantial international trade happening principally between the US and the treaty country;
  • Make a substantial investment into US-based business or operations.

 

Let’s clarify the terms.

Trade includes but is not limited to the sizable exchange of:

  • Goods
  • Services
  • Technologies
  • International banking
  • Tourism
  • Transportation

Investment refers to placing of significant amounts of capital by a treaty investor.

‘Substantial’ may also sound vague as it, too, needs clarification. There are no exact figures and numbers, but the volume of trade should be significant. Again, there is no set minimum or limit but to justify the trader’s coming to the US the majority of their international trade must happen between the United States and the applicant’s country. For example, 50% of export/import operations must be to/from the USA. The smaller this number is, the less likely you are to obtain the E-visa. And of course, such trade should be of a continuous character.

The same generally applies to investments. Here significant amount refers to capital substantial in relationship to the total cost of opening a new business or buying an established one.

E-visas are generally issued for initial period of two years (with maximum of five) with possibility of extension of stay for up to two years also. There is no limit to the number of extensions. However, a treaty trader or treaty investor as a non-immigrant visa holder must demonstrate their clear intention to leave the United States when their visa expires.

If you have any questions about E-visas or any other immigration issues contact our immigration attorney at the Law Office of Katerina Utekhina.

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