Do you own or work for a company that engages in international trade and want to bring a foreign national to the U.S. to fill a key position? An E-1 Treaty Trader Visa allow you to come to the U.S. to conduct international trade on your own behalf or on behalf of an employer. Qualifying trade is the exchange of items such as goods, services, international banking, insurance, transportation, tourism, and technology between the U.S. and a treaty country. The general requirements that need to be met to qualify for an E-1 treaty trader visa include:
- You must be a citizen of a treaty country.
- You must be employed by an individual holding the same nationality as you or a company where at least 50% of its owners have the same nationality as you.
- You must engage in or work for a company that engages in “substantial trade”. There is no minimum monetary value or volume per transaction required, but there must be a continuous flow of sizable international trade, involving numerous transactions. Essentially, the more transactions and greater their value, the better. More than 50% of the total value of this international trade must be between the U.S and your country of nationality.
- You must be employed in a supervisory or executive role, or possess special qualifications that are essential to the company’s efficient operation.
Are you a company investing in the U.S. who wishes to bring a foreign national to the U.S. to fill an important role? Do you work for an employer that is investing in the U.S.? An E-2 Treaty Investor Visa would allow you to come to the U.S. to invest substantial capital in a U.S. business. You can also obtain an E-2 visa for an employee of the investor or a qualifying organization. The general requirements you need to meet to qualify for an E-2 treaty investor visa include:
- You must be a national of a country with which the U.S. maintains a commerce and navigation treaty. The U.S. Department of State maintains a current list of treaty countries.
- You must have invested, or be in the process of investing, a “substantial amount of capital” in a U.S. enterprise. The investment can be in an existing business or startup. There is no minimum investment required, but the investment must be proportionate to the business.
- You must own at least 50% of the enterprise or otherwise have operational control over the business. You must be coming to the U.S. to develop and direct your investment.
- You or the qualifying organization must be building and directing a business that will generate more income than is needed to support you and your family while in the U.S. within 5 years of receiving the E-2 visas.
- You can also be eligible if employed by the investor or qualifying organization in a supervisory or executive role, or possess special qualifications that are essential to your company’s efficient operation. If entering the U.S. as an employee of a qualifying organization, at least 50% of your employer’s owners must have the same nationality as you.
Are you an Australian citizen or looking to employ an Australian citizen? An E-3 Specialty Occupation Visa would allow you or your employee to live and work in the U.S. You must work in a position considered a specialty occupation (i.e., a specialty, professional occupation that generally requires a minimum of U.S. Bachelor's Degree or equivalent such as IT/computer professionals, university professors and teachers, engineers, healthcare workers, accountants, financial analysts, management consultants, and lawyers).The general requirements you need to meet to qualify for an E-3 visa include:
- You must be an Australian citizen.
- You must have an offer of employment in the U.S..
- You must have the required academic or other qualifying credentials for the position offered.
- You will fill a position that qualifies as a specialty occupation.
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