What is temporary E-1/ E-2 status?

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The E-1 Treaty Trader visa is a nonimmigrant (temporary) visa that enables a foreign national to work in the U.S. to carry out a substantial trade, principally between the U.S. and the treaty country. Meanwhile, the E-2 Treaty Investor visa enables a foreign national to work in the U.S. based on a substantial investment. Both the E-1 and E-2 visa can be renewed in TWO (2) year increments – and can be renewed indefinitely. Since the E-1 and E-2 visa is temporary, it will not lead to a Green Card.

To qualify for the E-1 or E-2 visa, foreign nationals must be a citizen of a country that has a treaty of commerce and navigation with the United States. To see if your country is on the list, please visit: https://travel.state.gov/content/visas/en/fees/treaty.html.

What is EB-5 lawful permanent residence?

The EB-5 investor visa is an immigrant (permanent) visa that enables a foreign national to live permanently in the U.S. after investing in a new commercial enterprise (for-profit activity). The EB-5 program is complex and requires a large and substantial investment, the creation of at least TEN (10) full-time jobs, etc. Please contact our office to see if your investment will qualify for an EB-5 visa.

Can my family come with me to the United States?

E-1 or E-2 visa holders can bring their spouses and unmarried children who are under 21-years-old. Spouses can apply for work authorization to work legally in the U.S. for any employer. Children are not able to apply for work authorization, but can attend school.

EB-5 visa holders can bring their spouse and unmarried children who are under 21-years-old. Once EB-5 holders enter the U.S. and maintain their Green Card status for FIVE (5) years, they can apply to become a U.S. citizen. U.S. Citizens can file immigrant petitions for parents, married or adult children, and siblings.

Does the E-visa have a nationality requirement regarding business ownership?

The E-visa has a 50% nationality requirement, but the EB-5 visa does not.

Do these programs all require a specific dollar amount to qualify to apply?

The E-1 program requires “substantial” trade, but there is not a specific dollar amount requirement.

The E-2 program requires a “substantial” investment, but there is not a specific dollar amount requirement. Our office can help you determine whether the investment is substantial (and will likely qualify) or marginal (and will likely not qualify). According to USCIS, a substantial amount of capital is: Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one; Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise; of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

The EB-5 program requires a minimum investment of $1 million; however, an investor can qualify for an EB-5 with a minimum investment of $500,000 for certain qualifying investments (i.e. businesses in a targeted employment area).

For more information on Temporary E-1/E-2 Status, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today.