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E-1 and E-2 are the two visas available for the citizens of countries with which the United States maintains a treaty of commerce and navigation (referred to herein as “treaty countries”). E-1 is useful for business persons who want to stay in the U.S. to conduct substantial trade between their home country and the U.S., while E-2 is appropriate for business persons who are nationals of treaty countries and wants to stay in the United States to own and direct an investment.

The criteria for E-1 visas:   
•   Existence of Requisite treaty
•   Individual and/or business shall possess the nationality of the treaty country
•   Activities shall constitute trade meaning exchange of goods and services in international nature.
•   Trade shall be substantial
•   Trade shall be principally between the United States and the treaty country
•   Applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm’s operations in the United States
•   Applicant intends to depart the United States when the E-1 status terminates
 
The criteria for E-2 visas:
•   Existence of Requisite treaty
•   Individual and/or business shall possess the nationality of the treaty country
•   Applicant has already invested or is actively in the process of investing
•   Enterprise shall be a real and operating commercial enterprise
•   Applicant's investment shall be substantial
•   Investment shall more than a marginal one solely for earning a living
•   Applicant shall be in a position to develop and direct the enterprise
•   Applicant, if an employee, shall be employed in the executive/supervisory position or shall possesses skills essential to the business’ operations in the United States
•   Applicant intends to depart the United States when the E-2 status terminates.
 
Employees of E Visas:
 
E Visa holders (or business persons who qualified for the E Visa but did not have one since they do not live in the United States) can bring employees that have the same nationality as them. 
 
These employees may be brought in the capacity of executives/managers, or essential employees who have specialized skills for the relevant business type.
 
Our highly experienced lawyers can help you with the preparation of your visa application in the US or overseas before the U.S. Consulates. Once you get in touch with our lawyers, you will have your peace of mind as our lawyers review all options available to your case and diligently prepare your application. 

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