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U.S. E-2 Treaty Visa Attorneys


E-1 TREATY TRADER & E-2 TREATY INVESTOR VISAS

What is an E-1 Treaty Trader Visa or an E-2 Treaty Investor Visa?

Foreign nationals who wish to invest in the U.S. may be able to qualify either as an E-1 Treaty Trader or an E-2 Treaty Investor visas. E-1 Treaty Trader & E-2 Treaty Investor visas allow nationals of Treaty-countries to come and invest in the United States. The investor can purchase existing businesses, creating new entities, or merging an existing foreign company to the U.S. company. The attorneys at our Houston immigration law firm have assisted numerous investors to successfully obtain E-2 visas through consular processing, as well as renewing E-2 visa status while in the U.S. Please contact our Houston E-2 treaty investor lawyers for assistance in preparing and filing your E-2 treaty investor visa applications. Our Houston E-2 Treaty Visa attorneys at PHAM & CLOVES, PLLC have assisted numerous clients internationally to transfer money and to invest in the U.S. in a variety of different industries.

Benefits of Treaty Visas

The E-1 and E-2 Visas are extremely useful because they allow citizens of countries who have trade treaties with the U.S. to come and invest in the U.S. with relatively small amount of investments. One of the main advantage is that E-2 and E-1 Treaty visa-holders can remain in the United Sates for an indefinite period, so long as they continues to control and manage their investments. Additionally, spouses and children under the age of 21 of the qualifying investor or trader are also permitted to come and remain in the U.S. The E-1 and E-2 dependent spouse may obtain employment authorization and work for any employer while in the U.S. Furthermore, managers and essential employee of the “qualifying company” many also come to the U.S. under E-2, as well as their families as stated above. Also, there is no restriction on the type of businesses that the foreign national may operate, even if such business is not within the same industry as the investor’s background and experience, or in the same line of business as the foreign company. Finally, children under 21 that are not married can remain as an E-2 dependent and may attend public school, including colleges and university and enjoy in-state tuitions.

How To Apply For Treaty Visas 

Foreign nationals may apply for E visas through the U.S. consulate abroad or through the USCIS if the person is currently in the U.S (see below). Applicants through the U.S. Consular abroad receive E visas that allow the visa holder the ability to travel back and forth to the home country, so long as the visa is still valid. Applicants may file the application in their home country or through a third country as a “third Country National” (TCN). The third country visas allow foreign nationals in the U.S. or in a third country to file an E visa at the third country, such as Canada and Mexico. Caveate, recent regulation does not permit the TCN to reenter the U.S. within 30 days from the date of denial. Therefore, if the visa application through a third country is denied, the person cannot enter the U.S. even if the person has a valid I-94 obtained previously. See U.S. Custom & Border Patrol recent memo

Those that are currently in the U.S. can also file for an E-2 Treaty Investor or an E-1 Treaty Trader “visa status” with the USCIS while in the U.S. The difference between an visa issued by the U.S. Consulate and visa-status issued by the USCIS is that a visa allows the foreign national to travel to and from the home country to manage and control his/her businesses. Contrary, visa status in only confers the applicant the rights and privileges of a visa but such status is determined when the foreign nation leaves the U.S. As such, prior to leaving the U.S., it is advisable that foreign national obtain a travel document (advance parole) prior to leaving the U.S. Alternatively, the foreign national can also file the E-2 Treaty Investor Visa with the U.S. consulate abroad subsequent to leaving the U.S. The applicant must be mindful that the visa application process can take up to a month, even if without complications.

E-1 Treaty Trader visas and E-2 Treaty Investor Visas have many advantages over other nonimmigrant visas. However, the U.S. consular office the USCIS will review each requirement carefully to determine whether the investing company is a “qualifying company” and whether the foreign national is a “qualified investor” or that the E-2 employee is qualified under the proposed position. The evidence must be specific and shows that it met all requirements discussed above. If our U.S. E-2 Visa Attorneys and the Southwest Houston Treaty Investor Visa Lawyers can be of any assistance, please feel free to contact our office. The experienced U.S. E-2 Treaty Investor Visa Attorneys at Pham & Cloves, PLLC can be reached at 713-492-0337 or complete our Contact Form. 


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