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3. Shared "core" requirements of E-2 and E-1 categories


By e2advisor - Posted on 13 July 2010

The reason why E-2 and E-1 visas are related is because they share "core" requirements, except E-2 focuses on the "investment" while E-1 focused on the trading. Often, an applicant go for either of the two.

1. A qualifying treaty between the United States and the applicant's foreign, home country.

2. National(s) of that treaty country (foreign country) must own, directly or indirectly, at least 50% of the treaty enterprise. This is referred to as "meeting the nationality requirement".

3. The individual applicant seeking entry into the U.S. must be a national of that treaty country; and

4. The individual applicant must be seeking entry into the U.S. to manage the U.S. enterprise OR else as an employee to fill a managerial, supervisory or essential skills position with the U.S. enterprise.

In addition to the above shared "core" requirements, E-2 and E-1 has slightly different additional, specific requirements, which can be found at http://www.e-2california.com/node/21 and http://www.e-2california.com/node/21, respectively. But you can see that E-2 and E-1 are "brothers" or "sisters" branches of the same tree or need. We believe the U.S. should allow 3rd branch for passive investor so that they can enter the U.S. in nonimmigrant visas, but that's another story.

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