The applicant must be coming to the United States to carry out substantial trade (E-1) between the United States and their country of nationality, or be in the process of investing (or has invested) a substantial amount
The E-1 and E-2 are nonimmigrant visas for nationals of countries that have a trade or investment treaty with the United States – including both Vietnam and the Philippines. The E-1 visa is for business owners with substantial trade activity between their home country and the U.S. The E-2 visa is for investors who wish to develop and operate a U.S. business with a substantial capital investment. Enterline & Partners – licensed U.S. immigration attorneys with offices in Ho Chi Minh City and Manila – handles E-1 and E-2 visa applications from A to Z.
Benefits of E-1 and E-2 Visa
- The E visa applicant can apply for extensions indefinitely.
- You can still apply for an immigrant visa after securing an E visa.
- There is no visa quota. There is no limit to the number of E visas issued each year.
- Your spouse and your unmarried and under 21 years old children can obtain dependent E visas and live, work and study in the United States.
- An E visa application can be made directly at the U.S. Consulate where the applicant lives.
- The E visa preparation and application processing can take as little at 1-2 months allowing you and your family to quickly relocate to the United States
E-1 Treaty Trader Visa General Requirements
- The principal applicant must have nationality of the treaty country.
- The U.S. business must be owned at least 50% by a national of the treaty country.
- The trade must be principally between the U.S. and the treaty country
- The international trade must be “substantial” in the sense that there is a sizable and continuous volume of trade
- Trade means the international exchange of goods, services, and/or technology
- The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills
E-2 Treaty Investor Visa General Requirements
- The principal applicant must have nationality of the treaty country.
- The U.S. business must be owned at least 50% by a national of the treaty country.
- The legal source and path of funds is not as stringent as EB-5.
- For an E-2 based on investment, the business must be operating or the applicant is actively in the process of investing.
- Applicant must demonstrate the ability to direct and develop the business.
- The applicant must show intent to depart the U.S. after the stay in the U.S. ends.
- For a new business, the applicant must make a substantial investment. This varies depending on business and location, but an applicant should have a target investment of around US$250,000.
- The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills
Countries in East and Southeast Asia with a qualifying E-1 and E-1 treaty
- Japan – South Korea – Taiwan – Philippines – Thailand – Philippines – Singapore – Sri Lanka – Australia
How to apply for the E-1 or E-2 Visa
- Our office collects all the information that we need from you at the start of the case and we will complete all the forms that are required throughout the process so you do not have to.
- Our office prepares the submission of documents to a U.S. Embassy or Consulate.
- If the applicant is in the U.S., our office completes and files a Form I-129 Petition on behalf of the applicant) with the United States Citizenship and Immigration Services (“USCIS”).
- Our office completes additional documentation including a DS-160 Online Visa Application and the special DS-156E Application.
- Our office will be notified that the U.S. Embassy or Consulate has received the file and an interview date has been scheduled.
- Our office will prepare a final checklist of documentation as well as hold interview preparation sessions before the scheduled appointment.
- On the day of the interview, we will be available to answer calls or questions or any issues arise.
- Provided that there are no outstanding issues, the consular officer will approve the E visa.
- The E visas will arrive in 7-10 business days.
- The E visa validity varies from country to country, from as short as 3 months to as long as 10 years.
- Each consular officer has discretion to issue a visa for any validity period within the period approve for the applicants country. Often an applicant with a new start-up company in the U.S. may receive a shorter visa validity (such as 2 years) so that the applicant must return for another interview to demonstrate that the business is successful.
Why Choose Our Firm for your E visa application process?
Our firm has over 30 years of combined experience in representing applicants for business and investment visas such as the E visas. We offer a full-service, hands-on, comprehensive package designed to see the entire process through from beginning to end. We are immigration attorneys who have hands-on experience in working directly with the U.S. Embassies and Consulates in Ho Chi Minh City, Manila and across Asia. We provide our clients with a unique and personalized approach unmatched by other immigration attorneys.
E-1 vs. E-2 Visa – What’s the Difference?
Vietnamese and Filipino business owners often ask which visa applies to their situation. Here is a quick comparison:
E-1 Treaty Trader Visa E-2 Treaty Investor Visa Best for Business owners/traders Investors Key requirement Substantial trade between Vietnam/Philippines and the U.S. Substantial investment in a U.S. business Purpose Managing trade operations Developing and managing the invested business Validity 2 years, unlimited renewals 2 years, unlimited renewals Path to Green Card No – nonimmigrant visa No – but can transition to EB-5 or EB-1C
