If you are an entrepreneur or investor, you have a lot of choices when it comes to legally staying in the United States. It is essential to look at all your visa options and weigh up the pros and cons of each before deciding which one to go for. Are you an entrepreneur doing significant business with the USA?
Or an investor in a company you have invested in or are planning to invest large sums of money in the US? Or are you Hispanic, offering specialized skills in your field? Then, your options are generally within the E-visas type.
An immigration attorney in Jackson Heights, NY, is active in these areas and can help you make the right choices. But this post provides a quick guide through the process. This guide breaks down the different categories of E visas and gives you an idea of what you must do to qualify for each one.
Overview of E-visas
E-visas are for people trading or investing in the US as part of a trade or shipping agreement between the US and the country they are from. It also applies to people who work in specialty occupations in Australia. If you are a foreign national looking to work or invest in the US, an E visa could be the way to go.
It is a temporary visa that lets you enter the country for a short period, and you can extend your stay if you want. It is a popular choice for employers and employees since it allows you to plan a longer stay. E-visas also let investors and traders work in the US if they are citizens or nationals of a country with a trade and navigation agreement with the US.
Types of E-visas
There are different types of E-visas foreigners can consider depending on their purpose in the US. As a trader, you can enter the US using the E-1 visa and substantially trade in goods, mostly tech and services. If you want to direct or manage an organization in the US, you will need an E-2 visa.
It will allow you to invest a “substantial” amount of money in an organization in the US. As an Australian worker, you can get an E-3 visa if you offer specialized services in an employed job in the US. The E-1 and E-2 visas are for people from countries with which the US has a trade and navigation agreement.
The E-3 visa applies to Australian citizens with a degree who want to work in a US job requiring a minimum level of education. All these visas are non-immigrant and only temporary. You can renew or extend an E-visa, but you must still meet all the requirements set out in the visa classification.
Identifying the type of E-visa you need might take time and effort. Still, you can consult an immigration attorney in Jackson Heights, NY, for help. We shall provide more details of each type of E-visa below.
1. E-1 Visa
Suppose you are an individual or a business employee. In that case, you can get an E-1 visa to enter the US for international trade. But you need to be a citizen of a country with a commerce and navigation treaty with the US.
Also, you must intend to do substantial international trade or work in a business that does that kind of trade as an executive, supervisor, or skilled employee. There is no strict definition of trade, but it can include goods, money, or services traded between the US and your country, provided the government can track it.
The international trade between the two countries should be more than 50%. If you are an E-1 visa applicant, you must show that you have the necessary executive or supervisory skills and essential business skills.
You must also show that you intend to leave the US at the end of your E-1 status. An immigration attorney in Jackson Heights, NY, can help you get an E-1 status.
2. E-2 Visa
E-2 visas are for people with a lot of money who want to invest in the US to start and run their businesses. You need to be a citizen of a country with an agreement of trade and navigation with the US. You have money to invest in a legitimate business or want to work as a manager, supervisor, or skilled worker.
The investment must be more than a small amount, and you must meet the ‘50 percent rule.’ In other words, you must have at least 50% ownership or control of the business. Employees must have executive or supervisory experience and plan to leave the US when their E visa runs out.
Find out if you are eligible for this type of E-visa from an immigration attorney in Jackson Heights, NY. You can create an E-2 case by having an idea, money, and being a citizen of one of the E-2 treaty countries. A good case tells a good story, showing how the investor is an entrepreneur and how it will help the US economy.
Having a short and well-structured business plan and a cover letter is a good idea.
3. E-3 Visa
E-3 visas are a type of visa that lets Australians live and work in the US. Still, you must have an undergraduate or bachelor’s degree or higher. It is like an H-1B visa, but it is cheaper to apply for, and you have a better chance of getting approved.
But it is hard to tell if the US considers a job a specialty because there is no definitive employment list, and many new STEM jobs are popping up.
Application for E-Visas
You must apply at a US embassy or consulate abroad to get an E-visa. There may be a consular interview. The requirements for E-3 visas are different. You can only apply for an E-1 or an E-2 visa outside the US, but you can submit an E-3 visa from anywhere in or outside the US.
The USCIS often updates the filing requirements. That is why it is good to get the help of an immigration attorney in Jackson Heights, NY. It will keep you updated.
Get Help
Getting an E-visa in the US can be tricky and full of paperwork. It is crucial to get legal help from an immigration expert since a denial could significantly impact your business plans and investments.
Gehi & Associates can help you through the application process and ensure your US transition is as smooth as possible. Get in touch with us now for more info and legal help!
