E-2/E-1 Requirements Issues

The employee applicant must possess the same nationality as the U.S. based E-2 enterprise. Therefore, if the U.S. based E-2 enterprise is owned by a foreign company, the applying employee must possess the nationality of the majority shareholders of the foreign company. The applying does not have to possess the same nationality as the CEO of the U.S. based E-2 enterprise unless the CEO is the majority shareholder of the U.S. based E-2 enterprise. CEO also is an employee, not necessarily the owner.

Yes, but depending on consuls who might decide that the position can be done by a U.S. worker who can be trained, especially if multiple chefs are applying for E-2 visas for the same restaurant. Review 9 FAM 41.51 N14.3 for further guidance. Lastly, consider applying for an E-2 managerial position if the chef will have a managerial responsibilities.

The DOS maintains the list below:

http://travel.state.gov/visa/fees/fees_3726.html

Let's examine what DOS says are specific requirements of E-1 visa.

The applicant must be a national of a treaty country.

The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country.

The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade.Read more

Let's examine what Department of State (DOS) says are the requirements of E-2 visa.

Requirements: Treaty Investor

The investor, either a real or corporate person, must be a national of a treaty country.

The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.Read more

You can try, but the consular officer or USCIS examiner is not obligated to take that into account in arriving at his or her decision on the "marginality" requirement. Why? That's because long time ago, DOS changed the marginality FAM section to disallow the applicant's wealth aside from the E-2 enterprise to meet the marginality requirement.

Having said this, some people might not be aware of this, so you can try to use this fact, but don't go overboard and state that your client-investor is the Bill Gates.

Let's first examine what the FAM says:

Generally speaking, the answer is "yes". 9 FAM 41.51 N.12. allows "negative control," where 50% owner can develop and direct the E-2 enterprise based on 50% ownership.

Having said this, it all depends on the facts of the case, so a detailed consultation with an experienced E-2 immigration attorney is encouraged.

Because the law says so. Legally, the regulations state that the funds must be "irrevocably committed" to the investment before the visa or status may be granted. This requirement must be met by either showing that the investment has already been made or is actively in the process of being made. Also, funds can be considered to be irrevocably committed, however, if they are held in an escrow account solely contingent on the issuance of an E visa.Read more

As much as needed to get the E-2 visa. :) Seriously, there is no set amount; sometimes I wish there was. The regulations only say "substantial" amount need to be invested. What the heck is "substantial"? The true answer is whatever the amount the consular officer or USCIS examiner thinks it is.Read more