E-1 visa requires (a) a treaty, (b) the individual or business possess the nationality of the treaty country, (c) the
activities the applicant will engage in constitute “trade”, (d) the trade is
substantial and (e) principally
between the US and the treaty country, (f) if an employee is the applicant, (s)he
to an executive or supervisory position or possesses essential skills to the US
operation and (g) intends to depart the US when the E-1 status terminates.
The items of “trade”
include but are not limited to goods, services, international banking,
transportation, communications, data processing, advertising, accounting,
design and engineering,
management consulting, tourism, technology and its transfer, and some news-gathering
activities. As you can see, it does not have to be only
physical goods. Here is an example.
My client owns a Canadian franchised custom home building and renovation company that offers its clients the home building and renovation services through the company’s network of franchisees. My client formed a US company to engage in the business of offering and granting franchises in the United States. The Canadian company provides accounting, legal, broker, marketing and training services to the US company. There is an actual exchange of services and moneys that create transactions considered “trade”. E-1 visa was approved quickly.
Please note that this
article does not constitute a legal advice. We simplified the law to
outline one aspect of E-1 visa. If you
would like us to discuss if you qualify for E-1 visa and help us get you an E-1
visa, call our experienced E-1 visa attorney at 480-425-2009 or schedule your
My client, a Czech entrepreneur, formed a US company that entered into a dealer agreement with importer of motorized surfboard manufactured in the Czech Republic. Motorized surfboard is an ultra-light high tech personal watercraft and MotoSurf is one of the fastest growing sports.
My client’s company focuses on marketing, sales and service of motorized surfboards boards. The investment was “substantial” and consisted with showroom construction, furniture, equipment, tools, event expenses, payroll and other related expenses. The company started with just four employees and is expanding quickly.
The investment is not marginal and the enterprise is real and doing business. The treaty investor (E-2) visa was approved pursuant to bilateral treaty between the US and the Czech Republic.
Please note that this case study does not constitute a legal advice. We simplified the law in order to outline the treaty investor (E-2) visa requirements. If you would like to discuss if you may qualify for treaty investor (E-2) visa, call our experienced treaty investor (E-2) visa attorney at 480-425-2009 or contact an experienced treaty investor (E-2) attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your treaty investor (E-2) visa.
My clients, a married couple from the Czech Republic, formed an LLC where each have 50% ownership. The Company was formed as a real estate investment company to buy distressed properties at a discount price, holding for a year and remodeling and selling them for a profit or renting them as income generating real estate. At the time we filed the investor visa application, Company has bought a total of 11 properties. Out of these properties, six were for resale and already two were sold at a considerable profit, the other five properties are currently rented generating healthy revenue.
The Company has four employees, one full time and three part-time employees: a full time maintenance technician, handyman and electrician, a part-time bookkeeper) and two part-time secretaries. The enterprise is real and doing business and investment is “substantial” and not marginal. My clients have extensive experience in real estate. Their treaty investor visas were approved without any problems for five years.
Please note that this case study does not constitute a legal advice. We simplified the law in order to outline the treaty investor (E-2) visa process. If you would like to discuss if you may qualify for treaty investor (E-2) visa, call our experienced treaty investor (E-2) visa attorney at 480-425-2009 or contact an experienced treaty investor (E-2) attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your treaty investor (E-2) visa.