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E Visas
E1 and E2 Visas - Treaty Traders and Investors
Primary Requirements:
1. Treaty of commerce and navigation or a bi-lateral investment treaty must exist between the U.S. and the person's home country;
2. Investment: No specific dollar amount required for investment, but at least 50% ownership of the investing enterprise must be by nationals of the treaty country. Joint venture companies qualify and investors can end up with a 50/50 split of stock - equal shares - and still qualify.
Other Requirements:
Active Investment - irrevocable commitment of funds;
Substantial Investment;
Some job creation - not marginal; cannot only support investor and family.
Employee must play an essential role in enterprise - e.g. develop and direct the investment or perform duties as a manager or highly qualified employee necessary for development.
E3 Visas - Treaty Nationals in a Specialty Occupation
Temporary professional visas currently offered only to citizens of Australia.
Similar to the H1B visas; requires a Labor Condition Application, with prevailing wage, approved by the Department of Labor.
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