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    The E class visa is a business visa designed for investors and traders traveling to the United States under the umbrella of “Friendship, Commerce, and Navigation” treaties. Individuals who reside in countries where such treaties exist are allowed to enter the US under the E class visa in order to promote, develop, and direct investment and trade between their country and the US. Individuals showing substantial investment which results in the creation of at least 10 American jobs may also be eligible for an E class green card, which will allow them permanent residence.

    E-1 Visa, Business Trader

    The E-1 is for individuals in qualifying countries who intend to engage in an extensive amount of international trade with the US. Traders wishing to apply for an E-1 must show that:
    • The volume of trade is enough to warrant the trader or his or her employees spending time in the US to manage the trade.
    • The majority of the trader’s international business is derived from US trade (at least 50% of the trader’s imports and exports must be to or from the US).
    While there is no set limit concerning volume of trade, the lower it is, the less likely the chance of successful application.

    E-2 Visa, Business Investor

    Foreign nationals of treaty countries who have made significant investment in the US may qualify for entry under E-2 status. In order to qualify, the investor must show a level of investment significant enough to justify his/her or their employee’s presence within the US. Further, the investment must be in a business—stock and bond investments do not qualify for E-2 status. Finally, the majority of the investment must have been made before applying for the E-2 visa. Individuals applying and then increasing their investment in order to meet requirements will be denied. As with the E-1, no minimum volume of investment is specified; however, lower volumes increase the chance of denial.

    EB5, Green Card

    The EB5 visa is a permanent visa for investors who have invested a substantial amount in a business which has resulted in a minimum of 10 jobs for US citizens. The EB5 covers two types of investments:
    1. A substantial direct investment into a business.
    2. Investment into a federally-approved regional center that has successfully completed the USCIS application process.
    The second option is the more powerful of the two. The USCIS approval process is rigorous and, once approved, a regional center has greater power of creating jobs through investor fund pooling. Regional centers are also allowed to create jobs both directly and indirectly to support the desired minimum of 10 US jobs created.

    Additional Information

    Managers and Executives

    Managers or executives intending to travel under E-1 or E-2 status must show proof that their intent is to develop and direct trade on the behalf of the principal trader/investor. They must also demonstrate ability at the manager/executive level. Supporting documentation should include a letter from the principal trader/investor.

    E-1 and E-2 Employees

    Before applying for employee E-1 or E-2 visas, the principal individual must be registered as a treaty trader or investor. Once that is accomplished, obtaining the necessary visas for employees is fairly simple. The average processing time for an employee E-1 or E-2 is about 10 to 15 working days.

    Essential Workers

    In order to obtain an E visa for workers, it must be shown that 1) a US citizen could not do the job, 2) the employee’s presence in the US is essential for the successful running of the business, and 3) it is your intent to train US workers to replace the foreign national as soon as possible.

    Dependents

    Dependents of E visa holders are eligible to travel with the E holder by obtaining the appropriate dependent E visa. During their stay in the US, dependents of E visa holders will not be allowed to work; however, they will be allowed to engage in study.

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    Investor Visa : US Visas