Entrepreneur Visas

Nonimmigrant Treaty Investor
E-2 Visa

Eligibility

E-2 visas are granted to individuals that are citizens of countries who have a treaty of commerce and navigation (investment treaty) with the United States. The United States allows these E-2 visa-holders to enter the country when they make a substantial investment in a United States-incorporated business, and they intend to develop and direct the business in a significant way.

Requirements and/or materials

USCIS requires documentation and written explanations of the purposes and activity of the business, as well as the nature of and sources of funds invested into the business.
To be eligible as a treaty investor, documentation should include:

  • Evidence that the investor is a national of a country with which the United States maintains a treaty of commerce and navigation;
  • Evidence the investor has invested, or is in the process of investing a substantial amount of capital in a bona fide enterprise in the United States;
  • Evidence the investor owns at least 50% of the business;
  • Evidence the business invested in does not intend to support only the applicant and his family’s living expenses;
  • Evidence that commercial activity has begun or can begin once the visa has been granted;
  • Evidence that the applicant is qualified to develop and direct the investment business;
  • Evidence that the investor intends to depart the US upon completion of the validity period.

To be eligible as an employee of a treaty investor, the applicant must:

  • Be of the same nationality of the principal alien employer/investor;
  • Meet the definition of ‘employee’ under relevant law; and
  • Either engage in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

For an E-2 visa, a substantial amount of capital must be invested into the business. Although, the phrase substantial is subjective, the investment must be:

  • Substantial in relation to the total cost of purchasing an established enterprise or establishing a new one.
  • Sufficient to ensure the investor’s complete financial commitment to the success of the enterprise; or
  • Of a level to support the likelihood that the investor will successfully develop the enterprise.

Furthermore, a substantial percentage of the capital invested must be at risk, meaning that the investor must prove that he or she can / will lose a large amount of the investment if the enterprise fails.

The E-2 Visa is regularly used for relocation of talent for startups.

Validity / Extensions

E-2 treaty investors and employees are generally granted a visa of up to five years and a stay of up to two years in the United States, which can be extended upon approval of a request for an extension.

Family Members

Spouses and unmarried children up to 21 years old may be admitted to the United States under the classification of E-2 spouse and children visa holders. Spouses can legally work subject to a work authorization.

Jurisdiction

E-2’s can be processed either at the US Consulate of their home country of the applicant or directly to the USCIS within the US. In the later cases, investors will need to re-apply at the US Consulate once they will leave the country.

Since an E-2 grants only a nonimmigrant status, the holder of the E-2 must maintain their intention to depart the United States and/or return to their home country when their status is terminated throughout the entirety of their stay.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.

Nonimmigrant Treaty Trader
E-1 Visa

Eligibility

E-1 visas are granted to individuals that are citizens of countries who are subject of a trade treaty with the United States, and who intend to conduct substantial and continuous trade activity in the United States.
Trade can be applicable in three ways:

  1. Trade of products;
  2. Trade of services; and
  3. Trade of technology.
Requirements and/or Materials:

The USCIS or the US Consulate requires documentation and written explanations of the nature, scope and activity of the trade the applicant intends to conduct in the United States. These documents should include:

  • Outlines of the kind of trade activity the applicant intends to carry out;
  • Evidence that the applicant will carry out over 50% of its trade between the United States and the treaty country; and
  • That the trade activity will be substantial, meaning that there will be continuous flow international trade items and transactions over time.

Certain employees of qualifying treaty trader individuals or organizations may also be eligible to receive an E-1 classification if they:

  • Are of the same nationality of the principal alien employer;
  • Meet the definition of ‘employee’ under relevant law; and
  • Will be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

To qualify for an E-1 visa, there must a treaty of commerce and navigation between the applicant’s country and the United States. The applicant’s American business must be majority owned by citizens of the treaty country. The American business must principally trade with the treaty country. The trade must be substantial and continuous. There is no minimum requirement regarding the value or volume of each specific transaction, nor is there a minimum number of transactions necessary. Substantiality is weighed by both the monetary value of transactions and the number of transactions. Only a full transaction in which goods / services / technology flow from the treaty country to the American company, and in return compensation is sent back to the treaty country is considered trade by USCIS.

The E-1 Visa is regularly used for relocation of talent for startups.

Validity / Extensions

E-1 treaty traders and employees are generally granted a stay of up to two years in the United States, which can be extended upon approval of a request for an extension. Since an E-1 visa grants only a nonimmigrant status, the holder of the E-1 must maintain their intention to depart the United States and/or return to their home country when their status is terminated throughout the entirety of their stay.

Family Members

Spouses and unmarried children up to 21 years old may be admitted to the United States under the classification of E-1 spouse and children visa holders. Spouses can legally work subject to a work authorization.

Jurisdiction

E-1’s can be processed either at the US Consulate of their home country of the applicant or directly to the USCIS within the US. In the later cases, investors will need to re-apply at the US Consulate once they will leave the country.

Since an E-1 grants only a nonimmigrant status, the holder of the E-1 must maintain their intention to depart the United States and/or return to their home country when their status is terminated throughout the entirety of their stay.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.

Nonimmigrant Employment-Based Extraordinary Ability
O-1A/B Visa

Eligibility

O-1A/B visas are granted to individuals who demonstrate that they possess extraordinary ability in the sciences, arts, education, business, or athletics through significant recognition from organizations and professionals in the field and through nationally or internationally acclaimed achievements.

The O-1A visa is for individuals with extraordinary ability in the sciences, education, business, or athletics.

The O-1B visa is for individuals with extraordinary ability in the arts or extraordinary achievements in the fields of motion pictures or television.

Extraordinary ability means that the applicant should be at the apex of their field and have recognized achievements far beyond competency in their profession.

Requirements and/or materials

USCIS requires substantial documentation proving that the individual has received significant recognition from major experts in the field. These documents should include:

O-1A:

  • Evidence of receipt of nationally or internationally recognized awards or prizes for excellence in the given field;
  • Evidence of membership in associations which require outstanding achievements, as judged by recognized national or international experts in the field for which the classification is sought;
  • Published material in professional or major trade publications, newspapers or other major media outlets about the beneficiary and his or her work in the given field;
  • Original scientific, scholarly, or business-related contributions of major significant in the given field;
  • Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
  • A high salary or other remuneration for services, evidenced by contracts or other reliable sources;
  • Evidence of participation on a panel, or individually, as a judge of the work of others in the same or similar field for which the classification is sought; and
  • Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

O-1B:

  • Evidence that the applicant has performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
  • Evidence of national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines or other publications;
  • A record of major commercial or critically acclaimed successes, as shown by titles, ratings or standing in the field. This can include box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications.
  • Evidence of receipt of significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements; and
  • Evidence of a high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.

The applicant must have significant acclaim and recognition from major media and experts in their field.

Validity / Extensions

O-1 visas are initially granted for a stay of three years and can be extended in increments of one year.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration lawyers directly and set up an appointment.

Family Members

A spouse or an under 21-year-old child of an O-1 visa holder can accompany the beneficiary on an O-3 visa. O-3 visa holders are not eligible to work but may engage in full or part time study.

Jurisdiction

O-1’s are processed directly with USCIS.

Since an O-1 visa grants only a nonimmigrant status, the holder of the O-1 visa must maintain their intention to depart the United States and/or return to their home country when their status is terminated throughout the entirety of their stay.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our immigration attorneys directly and set up an appointment.

CONTACT

Tel: 646.820.0662
Fax: 888.820.3250
Email: info@atashlaw.com

Location

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New York NY 10019

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