O-1 (Individuals of Extraordinary ability or Achievement)
The
E-1 and E-2 Visas are available for
foreign nationals, who are citizens of countries which have
treaties of “commerce and navigation” with the United
States. Generally, the E visa is available to persons who will
oversee a business in the United States, which is either engaged
in trade between the United States and the treaty country or
is created by “substantial investment” in the United
States. In order to obtain an E visa, there must be an actual
treaty existing between the U.S. and the foreign national’s
country of nationality, the majority ownership of the company
must be held by the nationals of the foreign country, and the
foreign national must be a manager or an executive or a person
with essential skills.
In
order to obtain an E-1 visa, the United
States company must be engaged in an already existing “substantial”
trade (50% or more) between the United States and the treaty
country, and the foreign employee seeking an E-1 must be employed
in a managerial capacity or must have "essential skills."
The foreign national must show an intention to depart the United
States at the conclusion of the E-1 visa period.
As
for the E-2 (treaty investor) visa,
it is required that the foreign national must show that s/he
is in the process of actively investing, or must have already
made a substantial investment in a United States business that
is real and operating. For the individual investor, the amount
of investment must not be his/her sole means of support, and
s/he must also be in a position to develop and direct the business
in the U.S. If the E-2 visa applicant
is an employee, and not an investor, s/he must individually
qualify as a manager or as a highly trained and specially qualified
employee and, must show an intention to depart the United States
at the conclusion of the E-2 visa period.
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