Tag: e2 visa canada

TN Visa to E-2 Visa for Green Card

TN Visa to E-2 Visa to Green Card: Our Surgeon Client’s Journey

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Davies & Associates just secured approval of an EB-NIW (National Interest Waiver) petition for a doctor of plastic and reconstructive surgery from Canada. We initially helped him move to the US on a TN Visa, then switch to an E-2 Visa, and now he finally has a Green Card approval through the NIW route.

Immigration is an ongoing process, and obtaining a visa is often just the start of that process. Our client’s require continuing support from our firm with extensions, renewals, adjusting status, transitioning to a Green Card, setting up a business, filing taxes, and more. At Davies & Associates we forge partnerships with our clients for the long term.

Client Journey

The visa history of the client shows how we as a firm worked closely with the client to achieve his US immigration goals.

  1. First, we secured TN for the client as a Management Consultant. When he first came to us, he needed to obtain a Social Security Number to be able to obtain his license to practice as a doctor in the US.
  1. Thereafter, we worked on the client’s E-2 Treaty Investor visa application by setting up his own clinic here in the US. As part of his E-2 investment, he contributed his equipment from Canada.
  1. While here in the US on E-2 visa, we filed the EB-NIW petition for him which was just approved. We will now work with the client in filing his application to adjust status.

The client specializes in hand surgery, craniofacial surgery, breast surgery, microsurgery, pediatric plastic surgery, burn surgery, cosmetic surgery, nerve surgery, and skin cancer.  His research is applicable to a broad range of plastic and reconstructive surgery conditions and can have a profound impact on understanding complex reconstructive surgeries, and the development of effective and affordable technological improvements such as improved drug delivery systems. 

What is the TN Visa?

The TN Visa is a non-immigrant visa for professionals from NAFTA countries (Canada & Mexico) to work in the United States for up to three years. The rules are different for Canadians and Mexicans and are more advantageous to Canadians. Applicants must already have a job offer from a US based company and must meet the professional requirements for that position. It is important to work with an immigration attorney to ensure success.

What is the E-2 Treaty Investor Visa

The E-2 Treaty Investor Visa allows individuals from treaty countries to move to the US for the purposes of investing in and running a business. While there is no minimum required investment amount, it must make sense for the business and is usually $100,000 or more. This does not all need to be in cash, for example, this Canadian doctor brought equipment to the US as part of his investment. Canada has an E-2 Treaty with the United States, but other countries such as China, Russia, India and Vietnam do not. If your country does not hold an E-2 Treaty with the US, you must first obtain citizenship of a country that does. Grenada and Turkey are E-2 countries that offer fast and cost-effective routes to citizenship by investment. While the E-2 Visa is a non-immigrant temporary visa, it is possible to keep renewing it as long as the business continues to operate, which theoretically means you can reside in America forever. However, to be able to live in the United States without the E-2 business, one would have to obtain a Green Card.

Green Cards and National Interest Waivers

The E-2 Treaty Investor Visa and the TN Visa are not “dual intent” visas. What this means is that you have to demonstrate an intent to ultimately depart the United States. That does not preclude you from subsequently obtaining permanent residency (a Green Card), but the intent to depart must be there. The conventional route from the E-2 Visa to a Green Card is through Direct EB-5 or through the EB-1c Visa for multinational managers and executives. In this instance, however, we worked with the Canadian surgeon to prove that it was in the US national interest to grant him a Green Card. The National Interest Waiver NIW is a subcategory of the EB-2 Visa. Once of the key benefits is that you can self-petition for this visa – this means you do not need an employer to sponsor you.

To find out more about TN Visa, E-2 Treaty Investor Visas, and transitioning to a Green Card through the NIW route, Direct EB-5 or EB-1c, please contact us.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

Obtaining an E-2 Treaty Investor Visa Despite Travel Complexities of Covid-19: Case Study

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E-2 Treaty Investor Visa Approved for a Canadian National who applied at the US Consulate General in Sydney during the pandemic

By Verdie Atienza, Head of L-1 & E-2 Visa Practice

Prior to the lockdown, D&A started to work on an E-2 visa application for a Canadian national who was temporarily in Australia for a vacation. The original plan was to apply at the US Embassy in Toronto where new E-2 applications for Canadians are filed and processed. It is worth noting that the Department of State encourages nonimmigrant visa applicants to apply at the US Embassy or Consulate in their home country as they are in a better position to determine the ties to the home country.

Due to safety concerns, travel restrictions and lockdowns, our client decided that she wants to apply for the E-2 visa in Australia instead of traveling back to Canada. For this to be possible, we had to advise the client to apply for extension of temporary stay in Australia. The request was granted and so we prepared, finalized and submitted the application at the US Consulate in Sydney. While the applicant had to wait a little longer, she was scheduled to appear for interview and her application was approved at the end of the interview.

While the Department of State cautions applicants of higher chance of getting a denial by applying at the Embassy or Consulate other than the one in the home country, D&A successfully demonstrated the applicant’s ties to the home country. D&A prepared a strong E-2 application which meant that the client had a smooth interview experience.

What was the E-2 Business?

Our client is a Chief Executive Officer of a cosmetics company based in Hawaii. The company specializes in developing and selling sun care products to be used before, during, and after sun exposure. The E-2 Company is dedicated to developing innovative sunscreen formulas that meet the ever changing and evolving skin and sun care needs. The Company’s formulas combine effective cosmetic active and beneficial natural ingredients to create products that achieve the sustainable beauty, health, and wellness goals of modern women.

The E-2 Company’s products are developed in collaboration with a third-party contract manufacturer. The Company carefully selects high-quality ingredients to be used in the manufacturing process in order to develop high-quality, effective sun care products that will simultaneously help users achieve their tanning goals in a sustainable and healthy way.

What is the E-2 Treaty Investor Visa?

The  E2 Investment Visa allows a person to move to the US to set up or acquire a business. Applicants must come from a country that holds an E-2 Treaty with the United States. Both Canada and Australia hold E-2 Treaties with America.

People from countries that do not have an E-2 Treaty with the US have to first become citizens of E-2 Treaty countries, like Grenada or Turkey. Citizens of India, China and Vietnam are not directly eligible for an E-2 Visa.

There is no fixed investment requirement for an E-2 visa, but it is usually expected to be in excess of $100,000. Ultimately, however, the investment amount needs to be appropriate for the business being proposed. A business plan is required as part of the application and the consular officer will assess the E-2 application on the basis of this plan.

E-2 is a non-immigrant visa, which means it does not offer permanent residency. It can, however, be renewed permanently provided the underlying business continues to operate successfully.

National Interest Exception

This case study raises the issue of travel difficulties during the Covid-19 pandemic. The United States border has been closed to people who have been in countries with especially bad outbreaks of the virus. This includes Schengen countries, the United Kingdom and Ireland.

Davies & Associates has been able to obtain travel waivers for L-1 and E-2 visa clients from these countries. By building the case that it is in the economic interest of America to admit these people, the US authorities have granted special permission to travel.

Read more about National Interest Exceptions.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.