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Advantages of E-1 Treaty Trader and E-2 Treaty Investor Visas

E Visas & U.S. Immigration In General

Contrary to popular myths, the U.S. remains one of the best countries to invest because of its friend business laws and open-door policies.  Despite the economic hardships in which the U.S. and the rest of the work is enduring, the U.S. maintains its long standing immigration policy, to attract and welcome talented foreign national who can contribute to the U.S., either in education, research, skills and experience, or those that who are willing to invest in the U.S.   At the same time, the U.S. continues to welcome foreign nationals who wish to obtain higher education and college degrees from the U.S. universities and colleges.  After all, what better way to expound democratic ideas and free-market capitalism than through education and personal experience wealth? 

Among the many categories in which a foreign national may come to the U.S., E-1 Treaty Trader Visas and E-2 Treaty Investment Visas have great advantages to many other visas.  Before touching on these advantages, I would like to state the basic requirements for an E-1 Treaty Trader Visa and an E-2 Treaty Investor Visa.

Requirements:

To be eligible for an E-2 Treaty Investor and E-1 Treaty Trader, the petitioner (the U.S. Company which may be a new company or an existing company) and the “qualifying foreign investor/trader” must demonstrate that:

1. There is a Friendship and Commerce Treaty, NAFTA, or a Navigation and Commerce Treaty exists between the Qualifying Investor’s country and the U.S.
2. The E-1 Treaty Trader or the E-2 Treaty Investor must be a national of the  treaty country
3. The company must be a “qualifying enterprise” in which the qualifying investor must own at least 50% of the company to make it a qualifying enterprise.
4. The qualifying applicant must demonstrate that the investment is substantial and such investment must be “at risk”.  The “investment” must be personal investment, such as cash or personal loan, such as a promissory note in which the Investor is personally liable.  I personal guarantee is not sufficient to quality for the “Investment” requirement.  Further, the investment must be substantial. “Substantiality” depends on the investment.  There is no fixed number or fixed percentage (%) requirement.  Substantiality must simply be sufficient to ensure the success of the business enterprise.  Finally, the investment must be at risk.  “At risk” refers investments that are “active” verses those that are “passive.”  Passive investment, such as the purchase of real property or stocks, may not be sufficient to satisfy the “at risk requirement.”  However, lease agreements, contract for sales of goods and services, are all evidence of the investment being “at risk.”
5. In addition to the above, the qualifying investor must have “control and management” of his investments.  Arguably, 50% ownership or more would satisfy the “control and management” requirement, if the qualifying investor is also a director or executive of the qualifying enterprise. 
6. Finally, like all other non-immigrant visas, the investor must have the intent to depart the U.S. if he or she ceases to continue with the investment, such as the sale of such qualifying enterprise without further investment. Though, the requirement is not scrutinized in E-1 Treaty Traders and E-2 Treaty Investor Visas.

What Are The Benefits of An E1 Treaty Trader or E2 Treaty Investor Visa?

An E1 Treaty Trader or an E2 Treaty Investor Visa allows the nationals of Treaty countries to enjoy a relatively easy way to come to the U.S. and invest in a business enterprise.  The U.S.’ legal system and law promotes businesses.  As such, the U.S. remains the most business friendly countries and where wealth can be realized.  In a sense, the “American Dream” still exists on this land, despite economic woes around the world. 

In additional to business friendly law and amble opportunities, direct family members of qualifying E-1 Traders and E-2 Investors may also come to the U.S.  Spouses and children under the age of 21 that are not married may obtain E-2 dependents visas.  Unlike H-1B, spouses of E-2 holders may obtain work authorization and work for employers of their choosing.  Furthermore, because nationals from treaty countries must be treated as if they were U.S. citizens, E-2 dependent children may attend public school, colleges, and universities at an “in-state” rate, which is one-third (1/3) of the rate for international students (F-1 Student Visas).  Finally, unlike many other non-immigrant visas in which there is a limit to the number of years that the foreign national may remain in the U.S., an E-2 visa is indefinite so long as the qualifying treaty investor maintain his or her status and manages and control the qualifying enterprise.

Because of all the advantages above, The Houston E-1 Treaty Trader Visa Attorneys and the Houston E-2 Treaty Investor Visa Attorneys at Veritas Legal Group have assisted numerous clients from around the world to come to the U.S. under the E visa category.  Our Houston Texas E1 Treaty Trader Visa Lawyers and our Houston E2 Treaty Investor Visa Lawyers have successfully petitioned for clients from England, the U.K., Holland, Belgium, Germany, Korea, The Philippines, Pakistan, Bangladesh, and Sri Lanka to come to the U.S.  Our Houston Immigration Attorneys and the North Houston Immigration Lawyers can also speak Vietnamese and Tagalog and translate legal documents on our clients’ behalf.  Should you have any question regarding E-1 and E-2 Visas, or any other immigration issues, please contact our U.S. Immigration Attorneys and U.S. E-2 Treaty Investor Lawyers at 011-832-484-9015 or contact us on the web.