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 Investor Visas

E-1 Treaty Trader Visa:

The E-1 is a treaty trader visa that allows an individual to come to the U.S. for the purpose of furthering substantial international trade between the U.S and the applicant's native country. At least 50% of the U.S. entity must be owned by non U.S. resident nationals of the treaty country. If the company is publicly traded, the firm's nationality is considered to be that of the country in which the firm's stock is listed and traded.

Countries that have E-1 trading treaties with the US are Australia, Austria, Belgium, Bolivia, Brunei, Canada, Colombia, Costa Rica, Denmark (does not include Faroe Islands or Greenland), Estonia, Ethiopia, Finland, France (includes Martinique, Guadaloupe, French Guiana and Reunion), Germany, Greece, Honduras, Ireland, Israel, Italy, Japan (includes Bonin and Ryukyu Islands), Korea, Latvia, Liberia, Luxembourg, Mexico, Netherlands (includes Aruba and Netherlands Antilles), Norway (does not include Svalbard), Oman, Pakistan, Paraguay, Philippines, Spain (applies to all territories), Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Turkey, United Kingdom (applies only to British territories in Europe), and Yugoslavia. Iran is also a treaty trader country, however the treaty is inoperative because of the Executive Order preventing trade with Iran. 

 

E-2 Investor Visa

The E-2 treaty investor visa allows an individual to come to the U.S. for the purpose of furthering a substantial investment in a U.S. enterprise made by individuals or businesses that are citizens of a treaty country. If the company is publicly traded, the firm's nationality is considered to be that of the country in which the firm's stock is listed and traded.

Countries that have E-2 treaties include Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Colombia, Congo (Brazzaville), Congo (Democratic Republic of), Costa Rica, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France (includes Martinique, Guadaloupe, French Guiana and Reunion), Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan (includes Bonin and Ryukyu Islands), Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands (includes Aruba and Netherlands Antilles), Norway (does not include Svalbard), Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Spain (applies to all territories), Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom (applies only to British territories in Europe), and Yugoslavia.

In order for a business to qualify to utilize E-2 visas, the company must demonstrate that a substantial investment in the U.S. business has been made by individuals or companies that are citizens of the treaty country. In order to be considered a substantial investment, the funds must be "at risk". Whether the actual amount invested is substantial depends on the type of business and is weighed based upon a variety of factors. In addition, the investment must not be "marginal"  that is not made solely for the purpose of earning a living.

Spouses and dependent children under 21 of E-1 or E-2 visa recipients are also eligible for E-1 or E-2 dependent visas. Moreover, E spouses are eligible to apply for employment authorization after they enter the United States . 

 

E-3 Visas – Australian Specialty Occupation Worker visa

Only Australian nationals are eligible for E-3 visas. It was created as a result of the Australia-US Free Trade Agreement and signed into law

There is an annual cap of 10,500 E-3 visas for each fiscal year. Spouses and dependents of E-3 visa recipients are not counted towards the cap.

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