Tag: E2 Visa Countries

Grenada CBI to the E2 visa

New Law Impacts those Seeking E2 Visa via Citizenship by Investment (CBI) Route

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Just before breaking for the holidays, Congress passed the National Defense Authorization Act. Buried within this gigantic bill was a provision to add Portugal as an E2 country and a clause stipulating that anyone who acquires citizenship through a financial investment must be domiciled in that country for three years before they can apply for an E2 visa. 

We recently held a series of webinars on this topic, scroll down to view the recording.

Does the change to the law impact me?

If you are interested in applying for an E2 visa, but you do not come from an E-2 Treaty country, this legislation could impact you. India, China and Vietnam are among the countries that do not have an E-2 treaty with the United States. Click here for the full list.

Why would I want to apply for the E2 Visa?

The E2 Treaty Investor Visa category permits an applicant to make a substantial investment in a US business or franchise and move to the US for the purposes of running that business. 

  • Relatively low investment expectations (usually > $100,000, sometimes less)
  • Ability to travel freely to and from the United States
  • Unlimited renewals subject to conditions
  • Spouse & children under 21 can accompany applicant to US
  • Spouse permitted to work in the US
  • No annual caps/quotas
  • Relatively quick processing times

What if I am not a citizen of an E2 Treaty Country?

If your country is not on the list of E2 countries, then are able to apply if you first obtain citizenship of an E2 country. One of the fastest ways to obtain citizenship of an E2 treaty country is via the Grenada Citizenship by Investment Program or the Turkey Citizenship by Investment Program. The new law will have implications for this pathway to an E2 visa.

What should I do next?

If you already hold Grenadian or Turkish citizenship that was acquired by investment, you should contact us immediately. There may be a small window to submit an E2 visa application before the changes take effect.

What if I have not started the process yet?

We recently held a webinar to discuss potential solutions, click below to watch the webinar and contact us to discuss your options.

Watch our webinar

Useful links:

Grenada Citizenship by Investment Program  

Turkey Citizenship by Investment Program.

Just before breaking for the holidays, Congress passed the National Defense Authorization Act. Buried within this gigantic bill was a provision to add Portugal as an E2 country and a clause stipulating that anyone who acquires citizenship through a financial investment must be domiciled in that country for three years before they can apply for an E2 visa. 

We will be holding webinars on this topic in January 2023.
Scroll down for details.
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.
US Citizenship parents

Do the Employees of E-2 Treaty Investors Qualify for US Visas?

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By Verdie Atienza, Senior Immigration Attorney, Head of E-2 Visa Practice, Davies & Associates

There is a wealth of information regarding the  USA E2 Visa, but not a lot of people know that the E-2 Enterprise may also file an application for a foreign national of the same nationality as the E-2 Treaty Investor to qualify for an E-2 Treaty Employee visa. The E-2 employee may be an executive or supervisory employee. The employee may also be employed in a lesser capacity provided  that he or she has special qualifications.

It should be noted that the E-2 Treaty Investor need not be an individual. The E-2 Treaty Investor may also be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country. 

More interestingly, these owners do not necessarily have to maintain nonimmigrant E-2 treaty investor status in the U.S. They just need to be classifiable as nonimmigrant treaty investors, if they were to seek admission to the U.S. In this regard, an E-2 enterprise may still bring E-2 treaty employees to the U.S. even if the E-2 Treaty Investor does not want to apply for the visa or if the E-2 Treaty Investor is actually an organization or an entity.

To qualify for E-2 treaty employee visa, the duties of the applicant must be executive or supervisory character, which means that he or she will have ultimate control and responsibility for the enterprise’s overall operation, or a major component of it.  If the applicant is seeking to apply as someone with special qualifications, the skills and/or aptitudes must make the employee’s services essential to the efficient operation of the treaty enterprise. 

There are several qualities or circumstances that could, depending on the facts, meet this requirement. These include, but are not limited to:   

  • The degree of proven expertise in the employee’s area of operations
  • Whether others possess the employee’s specific skills
  • The salary that the special qualifications can command
  • Whether the skills and qualifications are readily available in the United States.

It should be noted that knowledge of a foreign language and culture does not, by itself, meet this requirement. 

D&A recently obtained an E-2 Treaty Employee for a UK national to occupy a General Manager position of an E-2 company engaged in selling gold coins and bars through its user-friendly online platform. The company builds on the expertise of its highly successful affiliate in London, which operates in the same industry. The E-2 Company specializes in the sales of LBMA (London Bullion Market Association) approved gold and silver bars and coins to both national and international clients. 

The E-2 investment was made by a UK entity that is owned by a UK national who does not wish to enter the US on an E-2 Treaty Investor visa.

To find out more about the E-2 Treaty Investor Visa, click here.

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.

Israelis looks to US E2 Visa as Vaccination Program Reopens Both Countries

Israelis looks to US E2 Visa as Vaccination Program Reopens Both Countries

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Israel signed an E2 Treaty with the United States in 2019, but the Coronavirus pandemic caused a false start. As the world reopens, 2021 and 2022 look set to be bumper years for Israeli E2 visas.

Israel became the newest E2 Treaty Investor Visa Country in the world when it signed a treaty with the United States that came into force in May 2019. The E2 Visa allows anyone from a treaty country to move to the United States for the purpose of investing in and running a business.

Around 500 E visas were issued to Israeli nationals in 2019*, a figure that was expected to jump significantly in 2020. Then the Covid-19 pandemic hit. Borders were shut and the US embassy in Israel closed to all but essential operations. Visa processing ground to a halt and the number of E visa issuances in Israel dropped to just 260 last year.

The outlook for 2021 is mixed. While consular services have resumed at the embassy, they are still limited by social distancing and the need to protect both staff and applicants. Israel’s world-leading vaccination campaign mean things are likely to improve quickly in the second half of the year and into 2022. Given the current demand we are seeing from Israel, 2022 could be a bumper year for E2 visas in the country.

Benefits of an E2 Visa?

The E2 visa allows a person to invest in and run a business in the United States. Investment requirements are relatively low – usually starting from around $100,000 but need to be enough to support the business plan. It is possible to start a new business, acquire and existing business, or buy into a franchise. It is important to engage attorneys like Davies & Associates that has corporate lawyers working in close proximity with immigration lawyers because the business needs to be correctly structured to comply with the immigration regulations.

Spouses and children under the age of 21 can accompany the primary applicant. Spouses can apply for work authorization in the United States. The visa is valid for up to 5 years but can be renewed again and again provided the underlying business continues to operate. That said, the very first time an Israeli citizen is issued an E2 visa, it will be valid for anything up to 2 years before requiring renewal – subsequent renewals will be at the 5 year intervals.

Becoming a citizen of Israel to access the E2 Visa

Eligibility for the E2 Visa is determined by your country of citizenship. People from countries like Russia and South Africa are not directly eligible. Anyone from a non-E2 Treaty country the could claim Israeli citizenship can then become eligible for the E2 visa by virtue of their new Israeli nationality. Read more about dual Russia Israel citizenship.

People who hold dual UK and Israeli nationality may prefer to opt to apply for the E2 Visa under their Israeli passport. The UK is the only E2 country whose citizens are required to reside in their home country. Israeli-UK dual citizens can still apply at the embassy in London under their Israeli passport.

Alternative US Visas for Israelis

Israel and America have a long history of close political and economic ties. America is by far Israel’s leading export market with around one third of all exports going to America. This may mean the E1 Treaty Trader Visa is more suited to some Israelis. Israel has been eligible for the Treaty Trader Visa for much longer than the E2 Visa. In fact, Israel has been an E1 country since the 1950s. This visa allows for more easy access to the US for employees and owners of Israeli firms that conduct substantial trade with America.

Other alternatives to the E2 Visa for Israeli business owners, entrepreneurs and professionals include the EB5 Investor Visa and the L1 Transfer Visa. Only one Israeli was issued an EB5 investor visa in 2019 out of a total allocation of just over 700. The EB5 visa is a residency by investment program that offers a Green Card for $900,000. All qualifying family members can all obtain Green Cards for a single investment.

The L-1 Visa allows for the intra company transfer of a manager, executive or specialized knowledge employee, from the Israeli office to the US office of the same company. It is possible to use this visa category to send a manager to oversee the establishment and growth of a new US operation of your existing Israeli business. 2,000 L-1 Visas were issued to Israelis in 2019.

* Figures include E1 Treaty Trader Visas as well as E2 Treaty Investor Visas.

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.