Patrick

E2 is an investment visa, it is designed for people who have investments in the US and want to watch over them. L visa's are inter company visas.

If you got and E2 visa you are not telling the whole story, you obviously owned part of the company. You cannot go inter company on E2.

Patrick

Patrick

The following information describes the two types of non-immigrant visas for persons wishing to invest in or trade with a company in the U.S.: a Treaty Investor visa (E-2) or a Treaty Trader visa (E-1). Please note that neither of these visas is a substitute for an immigrant visa. Persons wishing to remain indefinitely in the U.S. should apply for the appropriate immigrant visa.

A national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States: to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country; or to develop and direct the operations of an enterprise in which the national has invested; or is in the process of investing a substantial amount of capital, may qualify for a nonimmigrant Treaty Trader or Treaty Investor visa.

Requirements: Treaty Trader

The applicant must be a national of a treaty country;
The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country;
The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;
The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;
Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other; and
The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.
Requirements: Treaty Investor

The investor, either a real or corporate person, must be a national of a treaty country;
The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;
The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;
The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;
The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with assets of the investment enterprise are not allowed; and
The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.
How to apply: An applicant for a Treaty Trader (E-1) or Treaty Investor (E-2) visa must first establish that the trading enterprise or investment enterprise meets the requirements of the law. An applicant may also be asked to provide evidence which illustrates that the stay in the U.S. will be temporary. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.

An E visa application consists of a visa application form (DS-156) with a photo and paid visa application fee receipt for the investor or employee, From DS-157, the passport or a photocopy of all of the pages of the applicant’s passport, the "Nonimmigrant Treaty Trader/Investor Application" (form OF-156E), and all required company documentation. E visa appliations will be required to appear in person before a consular officer for a visa interview, but only after the trading enterprise or investment company has been registered with the Treaty Visa Office.

Questions concerning registration for E visa status or requests for an appointment for a visa interview, may be e-mailed to [email protected]. The e-mail must use the following format for the subject line "Treaty Visa Office"

UK residency required for British applicants: The controlling treaty between the U.S. and the UK requires that E visa investors or traders be "inhabitants" of British territory in Europe. According to the treaty, this term means "one who resides actually and permanently in a given place, and has his domicile there". Therefore, a British applicant must prove domicile in the UK.

If an application meets all of the requirements for E visa issuance, a visa fee may be required prior to the issuance of the visa. Issuance fees vary by nationality and reciprocity. The following fees apply to British citizens:

E-1 visas: Principal Applicant (Employee): No Fee
Dependents (Spouse and Children): $105.00 per person
E-2 visas: Principal Applicant (Investor or Employee): $105.00
Dependents (Spouse and Children): $105.00 per person
U.S. Port of Entry: Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, Bureau of Citizenship and Immigration Services (BCIS) has authority to deny admission. Also, the period for which the bearer of a treaty trader or investor visa is authorized to remain in the United States is determined by the BCIS, not the consular officer. At the port of entry, a BCIS official validates the Record of Arrival/Departure (Form I-94), which notes the length of stay permitted. Those persons who wish to stay beyond the time indicated on their Record of Arrival/Departure must contact the BCIS to request an Application to Extend Status (Form I-539). The decision to grant or deny a request for extension of stay is made solely by the BCIS.

Spouses partners and children: Spouses and unmarried children under 21 years of age, regardless of nationality, who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative E visas. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program.

Partners and common-law spouses should follow this link for further information.

E visa verses F-1: There is no requirement that the spouse and/or children of an E visa holder apply for a student (F-1) visa if they wish to study in the U.S.

Working on an E visa: As a result of a recent change in the law, spouses of E visa holders may seek employment authorization on derivative E visas. For further information, please contact the BCIS on your arrival in the United States.

Time Limits: Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.

PrincessofWales

well I have shares in what is a plc, i.e. my employer. I'm just a menial manager in a company of 7000 employees.

I guess my lawyer better pack up business and head back to law school, because in your legal opinion he obviously does not know his a**e from his elbow.

Ray

Now I see how they did it....

The holder of an investor visa may apply for an an E-2 visa as manager/essential employee for foreign personnel proven especially qualified to manage the U.S. investment.

To qualify for this visa, the foreign worker must have relevant business experience and must be of the same nationality as the holder of the investment visa.

Likewise, the holder of a trader visa may apply for an an E-1 visa as manager/essential employee for qualified employees from his/her home country who will manage or develop the import/export business in the U.S. on behalf of the holder of the trader visa.

Very unusual though...

Patrick

I agree, but it has nothing to do with my opinion - I cut and pasted the E2 visa requirements, I could do the same for L (inter company) visas but I doubt it would make a difference.

If you do have an E2 visa, as you claim, then you have it in error and indeed your lawyer needs sacking.

Patrick

PrincessofWales

per other postings, don't have an E2 visa, have a green card. E2 was my first entry point to US 4 years ago (is it possible that regulations change). Most of colleagues and significant other had E2s also.

Now have green card.

Patrick

The fact you have a green card is not up for discussion. We know that and it has been established you cannot apply for social security in the US. We are bemused at why you keep saying you came in on an E2, E2 has been investment visa since time began.

Patrick

Patrick

That makes no sense either because its a company of 7000 employees, it should of been an L visa. If it was a british company that bought an american company it wouldn't of been classed as an investment but automatically become subsidury of the company and not covered in the investment treaty but in the inter company visa

Patrick

Ray

I agree!! Patrick, but thats the only way I could figure it out. But none of it is logical

PrincessofWales

The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.[/I]

Patrick

Still, POW, it makes no sense as it wasn't an investment - you weren't sent there to over look an investment by someone but to work within the company (that existed already as a company).

I really don't want to shit on anyones cornflakes here but facts is facts! If you came over on an E visa it was a mistake.

Patrick

Keith

Did you check this web site? http://www.vec.state.va.us/index.cfm

PrincessofWales

Gosh, what a thread. All I asked for was a little help trying to understand what benefit I may qualify for when I get laid off, not an undending questioning of my immigrational status for the last 5 years.

Yes, did try the VA site posted above thanks, did not find what I was after. Concluded that since a green card is supposed to equate me with same rights as any American citizen, except the right to vote and work for George Bush, then guess I may just qualify for a benefit.

Vicky88

Didn't see this before but just want to say it is possible to get an E2 without owing part of the company. My husband wasn't even an employee of the company at the time he was issued his E2 visa. We were puzzled ourself as it seems to contradict everything we read about E2's but we have just been issued a renewal by the US Embassy so it must be right. We have also been told by the lawyer's that husband's employer can sponsor us for green cards if we so desire.