Frequently asked questions about E-1 and E-2 visas were recently addressed, providing clarity on several aspects of these visa categories. These visas are significant for individuals involved in substantial trade or investment between the United States and treaty countries.
One key question concerns the existence of a trading company or investment prior to visa issuance. It is required that trade be established at the time of application, while investments can be prospective if funds are irrevocably committed. "Investment funds may come from any country, including the United States, as long as they are controlled by the investor applicant," according to officials.
Substantial trade involves numerous transactions between the U.S. and a treaty country rather than just one large transaction. The definition of substantial capital does not specify an exact amount but emphasizes financial commitment proportional to the enterprise's cost.
Joint ventures are allowed if the applicant can "develop and direct" the enterprise, typically through ownership or operational control.
Visa holders must intend to leave the U.S. after completing their business activities, although they may reside in the U.S. as long as they meet visa qualifications. Essential employees can stay as long as their skills are needed and efforts are made to train U.S. workers as replacements.
In New Zealand, E-visas allow multiple entries into the U.S. for 60 months for traders and employees, with immigration officials determining stay lengths at entry points.
Applications for E-1 or E-2 visas should be submitted via USTravelDocs, though processing timelines vary due to workload fluctuations. Generally, applicants receive contact within two weeks of application submission with instructions on confirming appointments.
Expedited appointments or specific interview dates are generally unavailable; however, appointment delays can be requested if necessary. Interviews occur only on Wednesdays and Thursdays.
While cancellations by applicants are rare, increased capacity might allow rescheduling in order received. For further inquiries beyond available resources, contacting through USTravelDocs is recommended.
For more information about treaty trader and investor visas, visit the Department of State’s website.