Understanding E Visas
The E visa treaty classification may be used by foreign enterprises to establish a business or commercial presence in the United States or to facilitate the hiring of qualified foreign national employees. E-1 visas are designed to allow the visa holder to live in the United States while conducting trade between the United States and the visa holder’s country. E-2 visas allow the visa holder to start or acquire and operate a business in United States. The E visa is different from other employment visa classifications and must be approached carefully by practitioners who are new to its substantive and procedural idiosyncrasies.
Some differences of the E Visas include:
- A treaty of commerce and navigation be in place between the United States and the sponsoring enterprise’s home nation (treaty countries listed below).
- The classification requires an E visa holder share the nationality of the visa sponsor.
- E visas are conferred solely on the basis of consular review, making the E visa stamp an unreliable indicator of legal status.
Despite its unique attributes, the E visa classification is a flexible and robust visa and can be instrumental to the successful establishment of a U.S. presence for a foreign company or foreign investor. The E visa allows for long-term residence in the United States without the definitive cap on temporary employment as encountered in other work-authorized visa classifications. For information about other immigration pathways for entrepreneurs, visit here.
Who Should Read this Guide:
Investors and entrepreneurs from treaty countries (listed below) who would like to invest in, acquire, or start a business in the United States.
What You Will Learn:
- Part 1: Understanding the E Visas
- Part 2: List of Treaty Countries
- Part 3: E-1 Visa in Focus
- Part 4: E-2 Visa in Focus
- Part 5: Essential Workers and E Visas
- Part 6: Processing Timeline and Admission on E Visas
- Part 7: Extension of Stay and Changes in Terms