E.O. 13788 impact on E1/E2 Visa?
#1
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Joined: Aug 2010
Posts: 16
E.O. 13788 impact on E1/E2 Visa?
Hi,
I've heard about the E.O. 13788 impact on H1B visas. Any thoughts about this E.O. on E1/E2 visa? (read the part marked with red)
9 FAM 402.9-2 Overview of e visas
(CT:VISA-433; 08-09-2017)
a. Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. The applicant must be coming to the United States to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country (E-1), or to develop and direct the operations of an enterprise in which the applicant has invested a substantial amount of capital (E-2).
b. On April 18, 2017, the President signed the Executive Order on Buy American Hire American (E.O. 13788), intended to “create higher wages and employment rates for workers in the United States, and to protect their economic interests.” The goal of E.O. 13788 is to protect the interests of United States workers in the administration of our immigration system, including through the prevention of fraud or abuse. You must also remember that the basis of this classification lies in treaties which were entered into, at least in part, to enhance or facilitate economic and commercial interaction between the United States and the treaty country. It is with this spirit in mind that cases under INA 101(a)(15)(E) should be adjudicated.
c. Although this classification mandates compliance with a lengthy list of requirements, many of these standards are subject to the exercise of a great amount of judgment and discretion. Consular officers should seek to be flexible, fair, and uniform in adjudicating E visa applications.
d. As in the case of any visa application, the burden of proof to establish status rests with the alien. If the alien’s qualification for E-1 or E-2 classification is uncertain, you may request whatever documentation is needed to overcome that uncertainty.
I've heard about the E.O. 13788 impact on H1B visas. Any thoughts about this E.O. on E1/E2 visa? (read the part marked with red)
9 FAM 402.9-2 Overview of e visas
(CT:VISA-433; 08-09-2017)
a. Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. The applicant must be coming to the United States to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country (E-1), or to develop and direct the operations of an enterprise in which the applicant has invested a substantial amount of capital (E-2).
b. On April 18, 2017, the President signed the Executive Order on Buy American Hire American (E.O. 13788), intended to “create higher wages and employment rates for workers in the United States, and to protect their economic interests.” The goal of E.O. 13788 is to protect the interests of United States workers in the administration of our immigration system, including through the prevention of fraud or abuse. You must also remember that the basis of this classification lies in treaties which were entered into, at least in part, to enhance or facilitate economic and commercial interaction between the United States and the treaty country. It is with this spirit in mind that cases under INA 101(a)(15)(E) should be adjudicated.
c. Although this classification mandates compliance with a lengthy list of requirements, many of these standards are subject to the exercise of a great amount of judgment and discretion. Consular officers should seek to be flexible, fair, and uniform in adjudicating E visa applications.
d. As in the case of any visa application, the burden of proof to establish status rests with the alien. If the alien’s qualification for E-1 or E-2 classification is uncertain, you may request whatever documentation is needed to overcome that uncertainty.
#2
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Joined: Jun 2017
Posts: 520
Re: E.O. 13788 impact on E1/E2 Visa?
What, genuinely, is your question?
The E visa scheme is fundamentally compatible with EO13788. All successful applications illustrate an ability to trade and grow within their target economy, and almost always account for a certain amount of employment of American citizens, or display that the applicant is not removing jobs from Americans. Fraudulent or abusive E applications are difficult to achieve - for example - all members of the E unit at the US consulate in London have business degrees. This allows them to assess applications with the requisite appropriate knowledge.
It's not clear what information you're trying to obtain through your post - the EO is extremely clear, as are the expectations set out for an E visa applicant. The cynic inside of me says you're probably astroturfing.
The E visa scheme is fundamentally compatible with EO13788. All successful applications illustrate an ability to trade and grow within their target economy, and almost always account for a certain amount of employment of American citizens, or display that the applicant is not removing jobs from Americans. Fraudulent or abusive E applications are difficult to achieve - for example - all members of the E unit at the US consulate in London have business degrees. This allows them to assess applications with the requisite appropriate knowledge.
It's not clear what information you're trying to obtain through your post - the EO is extremely clear, as are the expectations set out for an E visa applicant. The cynic inside of me says you're probably astroturfing.
Last edited by shiversaint; Aug 21st 2017 at 11:48 pm.