Atlanta E-1 and E-2 Visa Attorney Helping with Your Visa Application
To qualify as a “treaty country,” a country must maintain a treaty of commerce and navigation, or a qualifying international agreement with the United States, or be deemed a qualifying country by legislation. If you conduct substantial trade in goods, which may include services and technologies, between the U.S. and a treaty country, you may be eligible for an E-1 visa. Certain employees of yours or of a qualifying business may also qualify.
If you live in a treaty country and are actively investing or have invested a large sum of money into a legitimate U.S. business and you need to come to the United States to develop and/or direct that business, you may qualify for an E-2 visa. Both E-1 and E-2 visas allow nationals of treaty countries to remain in the United States for 2 years, initially. The visa may be renewed in 2-year increments indefinitely, as long as the visa holder maintains the intention to leave the U.S. when their visa expires or status is terminated.
The process for applying for an E-1 or E-2 visa can be complex and time-consuming. An accomplished immigration lawyer from Sessoms Law Office, LLC can guide you through the application process and help you get to the best possible outcome for your E-1 or E-2 visa application. Call our Atlanta office today at 678-853-7402.
How do I apply for E-1 or E-2 status?
For both E-1 and E-2 status, a person in the United States under a lawful nonimmigrant status may file certain forms to have their status changed. In both cases, the requirements for that particular visa—meeting the definition of a treaty trader or treaty investor—must be met It is also possible for the employer of the person who is seeking the E-1 or E-2 visa to apply on their behalf. If the person seeking E-1 or E-2 status is currently outside the U.S., their application will be handled by the nearest U.S. Embassy or Consulate.
What is Required to be Designated as a Treaty Trader or Treaty Investor?
To be defined as a treaty trader, a national of a treaty country must carry on substantial trade between the treaty country and the United States, and must conduct principal trade between the treaty country and the U.S. “Substantial trade” is defined as an amount of trade that results in a continuous flow of trade items between the United States and the treaty country. This is determined by the number of transactions, not the dollar amount. “Principal trade” is defined as the condition that more than 50% of the volume of international trade of the treaty trader is between the United States and the treaty country of the visa applicant’s nationality.
To be defined as a treaty investor, an applicant must have invested or be actively in the process of investing a substantial amount of capital in a legitimate business in the United States. The applicant must show at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
Will an E-1 or E-2 Visa Allow Me to Bring My Family to the United States??
Both treaty traders and employees on E-1 visas and treaty investors on E-2 visas may be accompanied or followed by their spouse and unmarried children who are under age 21, even if their nationalities are not the same as the treaty trader, employee, or investor’s nationality. Generally, the length of stay for the family members is the same as for the primary E-1 or E-2 visa holder, assuming that their applications for E-1 or E-2 dependent status are approved.
Bringing your family members to the United States once you have been granted an E-1 or E-2 visa is not an automatic process; an application and documentation are still required. Any process involving the application for foreign nationals to gain entry into the United States is likely to be complex, and the advice and guidance of an experienced E-1 or E-2 visa attorney can be vital Call Sessoms Law Group, LLC today at 678-853-7402 for help with your E-1 or E-2 visa application.
Is it Worthwhile to Hire an Attorney to Help with My E-1 or E-2 Visa?
United States immigration law is complex and constantly changing. A skilled and knowledgeable E-1 and E-2 visa attorney can streamline the process and ensure that you reach the best possible outcome.