Treaty-Trader E-1 Visa in Rhode Island - Treaty Investor E-2 Visa in Rhode Island

As a Rhode island E-1 Visa Attorney, and E-2 Visa Lawyer Attorney James Howe has an in depth understanding of the Rhode Island Immigration and Naturalization Process.

The E visa category was designed to give effect to trade and investment treaties between the U.S. and foreign nations providing reciprocal benefits to the nationals the nations signing the treaties; in this way, facilitating commercial interaction between the U.S. and treaty countries.

It allows investors making a substantial investment in the U.S. (see below definition of "substantial" for investment purposes); or business owners, managers, and employees of an enterprise conducting trade between the U.S. and a treaty nation, who need to remain in the U.S. for extended periods of time to supervise work performed in the U.S., to be able to live and work lawfully.

There is currently a premium processing option, which for an additional $1,000 in filing fees, the US Immigration Service will commit to process the application within 15 calendar days from receipt of the application. Processing the application does not mean that there will necessarily be a final decision after 15 days, but that there will be a response after this time. This response may be a visa approval, a denial or it may also include a request for additional documentation from the petitioner or the employer.

For the E-1 Treaty Trader Visa:

Aliens who are citizens of a nation that has signed a trade and investment treaty with the U.S., who are coming to the United States:
Solely to carry on or engage in substantial trade between his/her country and the U.S., including trade in services or trade in technology.
Principally between the United States and the foreign state of which the alien is a national.
"Substantial" with reference to trade means a continuous exchange of goods and services between the U.S. and the treaty nation of the alien applicant, involving numerous transactions that began prior to the filing of the E-1 application. Trade principally between the U.S. and the foreign state means that at least 50% of the total amount of trade conducted by the alien or his/her enterprise or employer must be between the U.S. and the treaty nation.

For the E-2 Treaty Investor Visa:

Aliens who are citizens of a nation that has signed a trade and investment with the U.S., who are coming to the United States:
Solely to develop and direct the operations of an enterprise in which he/she has invested; or
Solely to develop and direct the operations of an enterprise in which he/she is actively in the process of investing a substantial amount of capital; or as an employee who will perform services that require special qualifications essential to the operations of the treaty investor's enterprise, who has the same nationality as the treaty investor employer or the nationals owning at lest 50% of the enterprise, who must be under treaty investor status if residing in the U.S.; and
showing an intention to depart from the United States upon the termination of his or her status.
The definition of "Substantial" with reference to investment is at the discretion of the Secretary of State. However, in exercising this discretion, the Secretary of State conducts a "Relative Proportionality Test" as a guideline.

Through this test, they asses whether: 1) the value of the investment is substantial as a percentage of the fair market value of the enterprise, or 2) whether the value of the investment is substantial as a percentage of the capital usually required to establish the specified type of business in the specified industry, as per the visa application.

In addition, the investment enterprise must not be "marginal", meaning it must have the capacity in the present or future to provide income more than a living wage to the investor and his/her family.

Although each case is evaluated individually by the State Department, generally the following rules apply in terms of minimum investment expectations:

1. For investment enterprises valued at less than $500,000
A minimum of 75% of the total value of the enterprise or for small to medium sized businesses, more than half of the value of the business

Exceptions may be made for certain start-ups and service businesses, where smaller initial investments may be appropriate depending on the particulars of the type of business

2. For investment enterprises valued between $500,000 and $3 million
A minimum of 50% of the value of the business or a flat $1,000,000 is expected to be invested
The State Department may make an exception if it can be demonstrated that in the specified industry, it is common practice to start a business with less than 50% of the value of the enterprise.
3. For investment enterprises valued at over $3 million
A minimum of 30% of the value of the business or a flat $1,000,000 is expected to be invested
All of the following three elements must exist for the E visa to be obtainable:
1. There must be a treaty between the U.S. and the country of the company or national applying for the visa.

2 The majority ownership or control of the enterprise engaged in trade or investment with the U.S. must be held by nationals from the country which has signed a trade/investment treaty with the U.S.
3. Each employee or principal seeking E status must hold citizenship of the country, which has signed a trade/investment treaty with the U.S.

The initial statutory limitation on the period of stay for an alien with an E-1 visa or E-2 visa can be no longer than two years. (Note: It is not uncommon for the U.S. Consulate to issue an E-1 visa or E-2 visa for five years).

The initial visa period can be extended indefinitely as long as the alien affirms that he/she will not remain in the U.S. after this period, including extensions, ends.

The spouse and unmarried children under 21 of treaty trader or treaty investor aliens qualify for the same status as the principal alien, and their nationality is not relevant to their qualification. They can live and study in the U.S. without any additional permits. The spouse of the visa holder may obtain authorization to work in the U.S.

To apply for either visa the alien must provide the following documentation:

For the E-1 Treaty Trader visa:

1.A statement describing in detail the nature and function of the business and the alien's position
2 Documents demonstrating the continued trade between the United States and the country of the applicant's nationality, including any of the following as available:
trade invoices
sales reports
shipping records or bills of landing
summary or audits of international accounts and trade transactions
company financial statements
articles of incorporation
import/export licenses
bank statements
annual report
tax documentation, etc.
3.An affidavit stating the unequivocal intent that the applicant will depart the United States when the E status ends
4.A copy of passport for all applicants
5 A copy of the birth certificates and marriage certificate to support all secondary applications
6. A copy of U.S. Visa and Form I-94 (if aliens are already in the U.S.) for all applicants
7 If alien is an employee of treaty trade enterprise, then evidence of position including, organizational chart, job description, and evidence of recruitment efforts made by the enterprise

For the E-2 Treaty Investor visa:

1.A business plan stating in detail the nature and function of the business, the necessary initial investment, and employment projections, including any of the following as available:

property or real estate costs
cost of materials
cost of employee wages
cost of legal, professional fee, and/or licensing fees
asset purchase and sale agreements
mortgage or loan agreements
contracts or letters of understanding between the treaty enterprise and customers and/or suppliers
articles of incorporation
financial statements
Note: for small enterprises we may be able to help in the creation of some of these formal documents if provided with certain information and preliminary documentation

A comprehensive letter addressed to the US Immigration Service stating the extent of the principal alien's participation in the investment
A statement of the applicant's unequivocal intent to depart the United States when E status ends.
A copy of the investment's most recent financial statement;
A copy of passport for all applicants;
A copy of the birth certificates and marriage certificate to support all secondary applications; and
A copy of U.S. Visa and Form I-94 (if aliens are already in the U.S.) for all applicants
If alien is an employee of treaty investment enterprise, then evidence of position including, organizational chart, job description, and evidence of recruitment efforts made by the enterprise

There are three stages in the process.
Stage One:
Preparation of Documentation including:
Organization of business (if required)
Business Plan preparation or adaptation for visa purposes
Preparation of supporting documentation
Time required depends on availability and delivery of documents and overall level of involvement of client

Stage Two:
Preparation and filing of visa application-I-129 and I-129 E supplements
(Time requirements are approximately 15 days from the day all documentation is ready)

Stage Three:
The US Immigration Service approval of visa application or receipt of notice requesting additional documentation or evidence to support application. In the latter case, we will work with the client to provide the additional information to the US Immigration Service and we will prepare a response with the appropriate analysis and legal argument. This last scenario would increase the amount of time required to complete the process and may also increase the legal fees due, depending on the amount of additional work required.

(Adjudication of visa is approximately 120 to 150 days from filing of application with the US Immigration Service, depending on the center's caseload)

For more information regarding Immigration Law in Rhode Island
Click here: Immigration Law - Frequently Asked Questions