Tampa, FL E-Visa Attorney

The nationality of the treaty enterprise is determined by the percentage of stock the treaty national controls. Ownership of 50% of the enterprise will be enough if the investor controls the enterprise. The investment funds must be at risk. They could be obtained through a loan but must not be secured by the enterprise’s assets. The funds must also be irrevocably committed to the enterprise.

The investor must also show that the funds were obtained through legal means. It can be from loans, as mentioned above, gifts, inheritance, or any other legitimate sources. Rents paid for the treaty enterprise can be counted towards the investment. The investment could also include intellectual property using the fair market value. Passive investments cannot be counted.

The investment must also be substantial, meaning the amount invested must be sufficient to run the enterprise. The government uses the proportionality test. In other words, investing 100% in a small company valued at under $100,000 is substantial. Alternatively, investing a smaller amount in a $10M enterprise may also be significant.

The enterprise may not be marginal. Marginal enterprises consist of those that do not have the present or future capacity to generate enough income for a minimal living for the investor and his family. The investor must show that his enterprise will expand job opportunities and generate other sources of income, the enterprise will generate substantially more revenue than what is considered a living, and the investor will not simply work as a skilled or unskilled worker.

He must also direct and develop the enterprise. The investor may not compete directly as a skilled worker in the market. He must have a controlling interest in the treaty enterprise. This requirement does not apply to employees.

Employees of E-1 and E-2 Enterprises

The E enterprise may hire employees and grant them the E classification. The enterprise may petition on behalf of executives, supervisors, and essential employees.

An executive is principally an executive instead of someone whose job is incidentally or collaterally managerial. The executive must have significant authority to determine policy, terminate employees, supervise a substantial part of the company, have executive skills and experience, or have a considerable role.

Nonsupervisory employees must be essential to the operation of the enterprise.

Families of E Visa Holders

Family members of the E visa holder may be classified as E visa holders. Their nationality is irrelevant. Spouses of E-2 visa holders may obtain an employment authorization card. The employment authorization may be granted for two years. Additionally, children may not be employed but may attend school without changing status.

The trade must also be principally between the United States and the treaty country. Employees of the trading company can be new hires and do not have to have worked with the company but must be treaty nationals.

Procedures for Obtaining an E-Visa

An applicant in the United States may submit a change of status by filing an application using form I-129, Petition for a Nonimmigrant Worker. Applicants may also apply at the embassy or consulate in their country using form DS-160.

The general steps of the procedure include the following:

• Determine Eligibility: First, determine if you meet the eligibility criteria for the specific E visa category (E-1 or E-2). Check if your home country has a treaty agreement with the United States that allows for the issuance of E visas.
• Business Registration: If applying for an E-2 visa, establish or acquire a U.S.-based business that meets the requirements. The business should be active and have growth potential. Ensure that you have control over the investment capital.
• Prepare Supporting Documents: Gather the required supporting documents such as proof of nationality, evidence of substantial trade (for E-1) or substantial investment (for E-2), business registration documents, financial statements, and other relevant documentation to support your case. It is advisable to consult the official website of the U.S. Department of State or seek guidance from our immigration attorney for a detailed list of required documents.
• Complete Form DS-160: Fill out the nonimmigrant visa application form DS-160 online. Provide accurate and complete information about yourself and your purpose for applying for the E visa.
• Pay Visa Fee: Pay the nonrefundable visa application fee, typically required for all nonimmigrant visa applications. The fee amount may vary, so check the U.S. embassy or consulate website for the specific fee applicable to your country.
• Schedule an Interview: Schedule an appointment for an interview at the U.S. embassy or consulate in your home country. The interview is crucial to the visa application and allows the consular officer to assess your eligibility and intentions.
• Attend the Interview: Attend the interview at the U.S. embassy or consulate. Be prepared to answer questions related to your business, trade, or investment activities, and demonstrate that you meet the requirements for the E visa category.
• Visa Decision: After the interview, the consular officer will decide regarding your visa application. If approved, you will receive your E visa stamp in your passport. The visa will outline the validity period and any conditions associated with it.

The specific requirements and procedures may vary depending on the country and embassy/consulate where you apply. It is recommended to consult the official website of the U.S. Department of State or seek guidance from our immigration attorney for accurate and up-to-date information based on your specific circumstances.

Call your Tampa E visa attorney, Ahmad Yakzan, at American Dream™ Law Office today to discuss your options. We can be reached at (813) 499-1250 or via email.