Marcela C. Rodríguez Esq.
Immigration Attorney Miami

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The Trade Treaties and the E

Are you a citizen of Colombia, Argentina, Bolivia, Chile, Costa Rica, Spain, Honduras, Mexico or Paraguay? Do you have plans for a business and money to invest in the United States? The E Visa (Treaty Traders and Treaty Investors) can be a means to make your dream come true.

The countries mentioned are among the many that have signed Trade Agreements with the United States, empowering their citizens to apply for temporary visas to conduct trade or investment business in the United States.

 The Visa E
Unlike the Permanent Resident Visa for Investors, Visa E is temporary and does not require a minimum investment or commercial exchange capital.

There are two types: E-1 for trader and E-2 for investor. Both are designed to pursue long-term business objectives. They are generally issued for 5 years and there is no limit on the number of extensions that are requested provided that the conditions for the individual qualify are in force and the Treaty between both countries remains in effect.

The spouse of the merchant or investor can apply for an employment authorization and unmarried children under 21 can study without changing their status. It is not necessary that these relatives have the nationality of the signatory country of the treaty.

E-1 Merchant Visa
In order to qualify, it is necessary to be a citizen of the signatory country, or if it is a company, at least 50% of its shares must be in the hands of nationals of that country.

More than 50% of the international trade of the company must be between the United States and the country of the Treaty. For this Visa "Commerce" is a fairly broad concept, including the exchange, purchase or sale of goods and services; technology; And contracts already signed that compromise this exchange. This trade must be in force and must be continuous.

The individual must be the principal merchant, or an executive, manager, or employee with essential skills essential to the company.

E-2 Visa for Investor
In order to qualify, it is necessary to be a citizen of the signatory country, or if it is a company, at least 50% of its shares must be in the hands of nationals of that country.

The individual or company has invested or will invest substantial capital (in relation to the total value of the company) in a legitimate business or business in the United States.

The individual must be the principal investor who will direct and develop the company, or an executive, supervisor, or employee whose services are essential to the efficient operation of the business in the United States.

The investment must have the capacity to generate more than enough income for the E-2 Investor and his family, or have the capacity to contribute significantly to the local economy.

The process is before the Consulate of the United States in the country of origin, so it is very important to present a Business Plan for the next 5 years.

The franchises fall as a ring finger for this category of visa since being established businesses, it becomes less complicated to try before the
Consulate that the investment has the capacity to generate income.

E visas are a possibility that is not very well known or used. The definition of TRADE for the E-1 visa is very broad and is not limited to the exchange of goods, services, international banking, insurance, transportation, communications, data processing, advertising, accounting, design, engineering, tourism, some The media.

With regard to Investment for the E-2 visa there are not many restrictions, except that the funds must be at risk and can not be a direct or indirect product of illegal activities. Likewise, it can not be a passive investment and must be of the business type, ie for profit.

NOTE: For more information consult our immigration lawyers in Miami, FL (786) -347-6474; Or Charlotte, NC (704) -469-6746.

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