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what is the difference between e1 and e2 visa

by Miss Asha Hoeger I Published 2 years ago Updated 1 year ago
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The most notable differences between E1 and E2 visa are:

  • Only citizens of certain countries can qualify for the E1 visa, and some countries have an E1 treaty or an E2 treaty with the United States but not both. ...
  • E1 visa does not require a financial investment in a U.S. business. ...
  • E1 visa does not require a 5-year business plan. ...
  • E1 visa does not require the formation of a company in the US. ...

The E1 visa is for 'Treaty Traders', and the E2 visa is for 'Treaty Investors'. Holders of an E1 visa can move to the US on a temporary basis to carry out their trade activities, and E2 visa holders for the purposes of investment.Sep 21, 2021

Full Answer

What is the requirement for E2 visa?

There are six requirements for getting an E-2 visa:

  • The applicant must be a citizen of a country that has a relevant treaty with the United States.
  • The applicant must be coming to work in the U.S. ...
  • The applicant must be either the owner or a key employee (executive or supervisor, or someone with essential skills) of the U.S. ...

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Can you explain the E1 visa requirements?

To qualify for E-1 classification, you must: Be a national of a country the United States maintains a treaty of commerce and navigation with; Carry on principal trade between the United States and the treaty country which qualified you for E-1 classification.

How to apply for E1 visa and documents required?

  • Visa Application Form (electronic form on the Visa Portal)
  • Scanned image files of passport pages
  • Digital Photograph (in natural color, size: 3.5cm x 4.5cm)
  • Fee (credit card for e-Payment)

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Is E2 visa possible for a franchise business WH?

Investing in a well known franchise brand provides a number of advantages when applying for the E-2 Visa. Established franchises provide existing business plans, operational support, ongoing guidance and training. These are particularly important to a business owner who is new to the country.

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Who is eligible for E1 visa?

To qualify for a Treaty Trader (E-1) Visa You must be a citizen of a treaty country. The trading firm for which you plan to come to the United States must have the nationality of the treaty country, meaning persons with the treaty country's nationality must own at least 50 percent of the enterprise.

Can E1 visa apply for green card?

Can I apply for a Green Card while on E-1 visa? Yes, you may apply for a green card while on a visa, provided you meet the conditions. Most of the time, the options are family-based immigration, labor certification (employment-based immigration), EB-1, and National interest Waiver.

Who is eligible for E2 visa?

To qualify for E-2 classification, the treaty investor must: Be a national of a country with which the United States maintains a treaty of commerce and navigation; Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and.

What is E-1 category?

The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the ...

How long is E-1 visa valid for?

two yearsThe E-1 visa grants a stay of up to two years and may be followed by an extension of up to two years, provided the visa holder continues to meet the initial E-1 visa conditions. There is no limit to the number of extensions.

How much money do I need for E-1 visa?

The fee for the E1 visa is $205. You might be asked to pay additional fees such as visa issuance fees or reciprocity fees based on the country you come from.

Is E2 visa easy to get?

The E2 is an investment visa that requires you either buy an existing business or start a new one. Our initial trips were done on a B1/B2 visa, which allows for a stay of up to 6 months, with a possible 6 month extension. This visa is rather easy to obtain (I wrote an article on that here).

Does E2 visa lead to green card?

The E2 visa is a great option that allows you to live and work in the United States by investing in a US company. Yet, the E2 visa is a non-immigrant visa, so it does not directly lead to a green card. In order to go from an E2 visa to green card, you must apply for and get approved for an immigrant classification.

How much does a E2 visa cost?

If you are applying for an E2 visa at a US embassy or consulate in your home country, you will have to file a DS-160. You and each of your dependents (spouse and children) will be charged a fee of $205 (each) to process your DS-160.

Can spouse work on E-1 visa?

Spouses with an E-1 visa may apply for an Employment Authorization Document (EAD) from the USCIS after entering the United States, which is not tied to a specific job or the main applicant's company, and thus may work in the U.S. independently of their spouse.

Can you work in USA with E2 visa?

The E2 visa is a special non-immigrant visa category for investors and entrepreneurs. The E2 visa allows you to live and work in the United States based on making an investment in a U.S. business.

Do E2 visa holders pay taxes?

But do E2 visa holders need to pay tax? The short answer is yes. E2 visa taxes are required by the IRS (Internal Revenue Service) on all qualifying income. The degree to which you pay tax is determined by your tax status, however.

Can you live in US with e1 visa?

While the E-1 visa is a temporary visa, it can offer long-term residence in the US since there are no limits on the number of times you can apply to extend your visa.

Can E-2 visa be converted to green card?

The E2 visa is a non-immigrant visa which prohibits the visa holder from having an intent to immigrate to the United States at the time the Visa is issued or used for entry. Accordingly, the E2 does not provide an individual with a direct pathway to permanent residency (a green card).

Are there any travel restrictions on e-1 visa?

No, there are no travel restrictions on E-1 visa. You may travel as many number of times as required before the expiry of your E-1 status. The USCIS does not impose any time limit on your stay abroad.

Can I get green card if I buy property in USA?

“Will I qualify to receive a green card because I bought a house in the United States?” No. You can't get a green card simply by buying a house in the U.S. In fact, owning real estate doesn't ordinarily give you any visa or other immigration benefits.

What are the differences between E1 and E2 visa?

But what are the differences between E1 and E2 visa? The most notable differences between E1 and E2 visa are:

How are E1 and E2 visas similar?

First, in terms of similarities, both the E1 visa and E2 visa are based on the existence of a treaty of commerce and navigation between the United States and another country, and promote bilateral trade and investment, allowing individuals to engage in business and trade in the US. Second, to qualify for the E1 or E2 visa, applicants must be nationals of a treaty country. Third, both visas are temporary and provide the principal visa holder the right to work in the United States for the E1 or E2 business, respectively. Fourth, both visas can be renewed indefinitely as long as their respective legal requirements are met and do not automatically lead to a US green card. Fifth, the spouse and children (unmarried children under the age of 21) of a principal E2 visa holder or E1 visa can obtain the E2 or E1 visa, respectively, and the spouse can apply for work authorization to work in the United States while the children can attend public and private schools and universities. Sixth, the E1 and E2 visas have the same validity period and are generally processed at the U.S. Consulate or Embassy, but foreign nationals can also apply with U.S Citizenship and Immigration Services (USCIS) if they are in the United States and conditions are met. And finally, both provide the ability to bring certain executives, managers or specialized knowledge employees to the US as long as they have the same citizenship as the business owner.

How much investment is required for an E1 visa?

Instead, to qualify for an E1 visa, you must provide evidence showing that the trade between your treaty country and the United States is substantial and is primarily between the U.S. and the treaty country. While substantial trade is not a set dollar amount, the value of international trade should be at least $100,000 per year. On the other hand, for the E2 visa, you must show that a substantial amount of capital is invested in an active U.S. business and that the business is likely to employ U.S. workers in the future. The investment of a substantial amount for the E2 visa is not a set dollar amount but depending on the type of business it can range from $50,000 to $100,000 or more or less. However, unlike the E1 visa, no trade between your treaty country and the United States is required for the E2 visa.

What is an E visa?

Tags: E visa. There are a number of ways foreign nationals can enter the United States. One of these is by using a temporary non-immigrant visa. E-1 and E-2 visas are called “temporary worker” visas. E-type visas have specific application and requirement criteria.

What are the requirements for an E-2 investor?

General Qualifications of an E-2 Treaty Investor. The treaty investor must adhere to the following in order to qualify for E-2 classification : Be a national of a country with which the United States maintains a treaty of commerce and navigation.

How much of an enterprise must be owned by a non-immigrant?

Persons residing in the United States who have the nationality of the treaty country must own at least 50% of the enterprise or organization. This condition applies in scenarios where the principal alien employer is not an individual. Such owners must maintain non-immigrant treaty trader or investor status.

What are the qualifications for an E-1 trader?

In order to qualify for an E-1 classification, a treaty trader must: Be a national of a treaty country with which the United States maintains a current agreement of commerce and navigation.

Can an E-2 stay in the US?

All E-1 and E-2 non-immigrants must intend to depart from the United Sates when their status is terminated or expires. Also, there is no limit to the number of granted extensions, so your stay in the U.S. could be indefinite as long as you can continue to show that you are developing your enterprise.

Is an E-2 visa cheaper than an E-1?

The E-1 and E-2 differ in cost only when you consider the investment amount for the E-2 visa. The E-1 does not require an up-front investment, so it is ultimately the cheaper visa. However, the filing process should cost you the same for both visas.

Do I need to file an I-129 with the USCIS?

This means that there is no need to file a Form I-129 with the USCIS in this situation.

Who is eligible for the E1 Treaty Trader visa?

The USCIS rules state that the E1 visa is for nationals of a treaty country who wish to be “admitted to the United States solely to engage in international trade on his or her own behalf”.

Who is eligible for the E2 Treaty Investor visa?

Whereas the USCIS rules state that the E1 visa is for nationals of a treaty country who require entry to in international trade on his or her own behalf, the E2 visa is for those who wish “to be admitted to the United States when investing a substantial amount of capital in a US business”.

Final words

If you are unsure which visa to apply for or if you are eligible, speak to an immigration solicitor with expertise in US global mobility & visa law who can assist you.

Why are E1 and E2 visas the same?

Both the E1 and E2 Visas stem from the same goal, to help trade between countries, beyond that there are many differences both subtle and blatant. For example:

What is the difference between E1 and E2?

Another difference is that an E1 holder must be a citizen of the country from which they wish to apply or work for a corporate entity that has citizenship of a treaty country and there is no upfront investment. An E2 holder must only make an investment committed and irrevocable that is sufficient to ensure a successful operation, an upfront investment is a requirement. Although, this too has country restrictions, being that they must have a trade deal with the United States. These countries include:

How much investment is required for an E2 visa?

Using the United States as an example, the E2 Visa has no minimum amount of investment or job creation requirements. While that is true, anything lower than a $100,000 USD investment has little chance of success. Investments below that dollar figure are acceptable, but more scrutiny is applied. The best way to think about an investment cost to obtain an E2 Visa is to consider how it will be assessed by the reviewing officer and how it relates to the total cost of establishing or purchasing the enterprise you’re interested in. Generally, the more you can invest, the more you’re likely to show you’re a real investor.

What is an E1 visa?

The E1 Visa allows people or employees of a company to enter the United States for the purposes of carrying out international trade. The term “trade” applies to goods, services, and banking, as well as some other areas. While there is no limit set to the amount of trade that must occur, there is an emphasis placed on the number of transactions instead of an overall value.

Can an E2 visa be extended?

It’s important to understand that the E2 Visa doesn’t provide residency like a Green Card does, but can be extended indefinitely for as long as the holder’s business is viable.

What is the difference between E1 and E2 visa?

Here we explain the difference between E1 and E2 visas. Getting a visa to the United States is not easy. But if you need to come to the United States for business purposes, an immigration lawyer can talk to you about your options. If you have business knowledge, the drive, and monetary resources to run a business and create employment, you can probably make a strong case and get an investor’s visa.

What is an E-1 visa?

The E-1 visa, also known as Nonimmigrant Treaty Traders, is for people who wish to enter the United States to conduct trade between the United States and the treaty country. The visa lets them stay in the US for extended periods of time to handle the business operations from the US. While there are several requirements to be eligible, you must be a national of one of the treaty countries. There should also be substantial international trade.

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