18 Tremont Street
Boston, Massachusetts 02108
Tel : (617) 742-4444
Fax : (617) 742-0805
Eml :
richard@costariccio.com
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E Treaty Trader/ Investor Visas |
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Section 101(a)(15)(E) of the
Immigration and Nationality Act provides
nonimmigrant status for a national of any of the
countries with which an appropriate treaty of
commerce and navigation exists, who is coming to the
U.S. to carry on substantial trade, principally
between the U.S. and his own country, or to develop
and direct the operations of an enterprise in which
he has invested, or is actively in the process of
investing, a substantial amount of capital. |
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Treaties which provide for trade and investment (E-1 and E-2 status) exist with the following countries:
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Argentina, Australia, Austria,
Belgium, Bosnia, Canada, Colombia, Costa Rica,
Croatia, Ethiopia, Finland, France, Germany,
Honduras, Iran, Ireland, Italy, Japan, Korea, Latvia
Liberia, Luxembourg, Macedonia, Mexico Netherlands,
Norway, Oman, Pakistan, Paraguay, Philippines,
Slovenia, Spain, Suriname, Sweden, Switzerland,
Taiwan, Thailand, Togo, Turkey, United Kingdom. |
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Treaties which provide only
E-1 treaty-trader status exist with the following
countries:
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| Bolivia, Brunei, Denmark, Estonia, Greece,
Israel. |
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Treaties which provide only
E-2 treaty-investor status exist in the following
countries:
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Armenia, Bangladesh, Bulgaria,
Cameroon, Congo, Czech Republic, Ecuador, Egypt,
Estonia, Grenada, Georgia, Jamaica, Kazakhstan,
Kyrgystan, Moldova, Mongolia, Morocco, Panama,
Senegal, Slovakia, Sri Lanka, Trinidad & Tobago,
Ukraine, Zaire. |
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Bilateral investment treaties
conferring E-2 status have been signed but have not
yet entered into force:
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| Albania, Belarus, Croatia, Haiti, Honduras,
Jordan, Nicaragua, Russia, Uzbekistan. |
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Insofar as treaty traders
(E-1) are concerned, the requirements are that:
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The trading firm and the visa applicant be nationals of the Treaty Country;
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The international trade be ''substantial'' in the sense that there is a sizeable volume;
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The trade be principally between the U.S. and his own country, which is defined to mean that more than 50% of the trade involved must be between the U.S. and the country of the applicant's nationality;
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The visa applicant be employed in a supervisory or executive capacity or have unique skills which make his services essential to the efficient operation of the firm. |
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With respect to treaty investors (E-2), the requirements are that:
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The enterprise and
the applicant be nationals of the Treaty
Country;
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The applicant must
have invested or be actively in the
process of investing a substantial
amount of capital;
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The commercial
undertaking a real, operating
enterprise;
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The investment be
more than a marginal one solely for
earning a living; |
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The investor be in a position to develop and direct the enterprise;
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If the applicant is an employee of an investor, he must individually qualify as a manager or be specifically qualified with unique skills essential to the operation of the enterprise.
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Applicants should understand that
neither treaty nor investor status can be considered
as a substitute for an immigrant visa. The ''E''
visa is not permanent, and its validity depends on
continuing with governing law and regulation.
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