E-2 Treaty Visa | Rothrock Immigration Lawyer | Naples | Boca Raton | Miami | Ft Myers
The E-1 Treaty Visa and E-2 Treaty Visa are temporary business visas that allow an applicant to enter the U.S. to start a business. Carl Rothrock is an immigration lawyer in Naples, Florida, with additional offices in Fort Myers, Miami, Fort Lauderdale, and Cape Coral. The Rothrock Law Firm has successfully represented thousands of clients from more than 100 countries. Several organizations have recognized Carl Rothrock’s achievements in immigration law, including the following:
- “AV Preeminent Rating,” Martindale Hubbell, the highest peer rating standard given to attorneys who are ranked at the highest level of professional excellence and ethical standards by their peers.
- “Top Rated Lawyers in Florida, Immigration,” Lawyers of Distinction, as published in Forbes and the New York Times.
- “Top 10 Immigration Attorneys, Florida,” Best of the Best Attorneys
- “Top 10 Immigration Attorneys, Florida,” the American Institute of Legal Counsel
- “Top Immigration Attorneys, Florida,” The Top 100 Lawyers
- “Top Ranking Immigration Law Firms in Florida,” American Association of Attorney Advocates
- “Immigration Lawyer of the Year, USA,” Lawyer Monthly’s Legal Awards.
E-1 Treaty Visa Requirements
- An E1 visa allows a foreign business owner to enter the United States to conduct business.
- The United States and the foreign country must have a treaty that allows for the E-1 Visa.
- Click this link to see which countries have a treaty with the United States allowing for E-1 visas.
- The E1 visa applicant must be a citizen of the country that has a treaty with the United States.
- The E1 applicant must own a majority interest of the foreign business and/or control the operations of the business.
- The foreign business must engage in substantial trade with the United States. At least half its international transactions must be with the U.S. In evaluating substantial trade, the government will consider both the number of transactions, as well as the dollar amount of gross income.
- The E1 visa is temporary but can be renewed. The Consulate will issue the E1 visa from three months to five years, according to the terms of the individual treaty.
- The E1 holder’s spouse and unmarried children under 21 can reside in the United States with the treaty holder. The spouse can work, and the children can attend public school.
E-2 Treaty Visa Requirements
- The E-2 treaty visa allows an applicant to own and operate a business in the United States.
- The United States and the foreign country must have a treaty that allows for the E-2 Visa.
- Click this link to see which countries have a treaty with the United States allowing for E-2 visas.
- The E2 applicant must be a citizen of the country that has a treaty with the United States.
- The E-2 treaty visa applicant must own a majority interest in the U.S. business and/or must control the business.
- The E2 applicant must manage the business. (S)he cannot simply work at the business.
- The applicant must make a substantial investment, and the investment must be at risk. In other words, the applicant cannot simply put money in a business bank account.
- The E-2 treaty visa is temporary. The State Department will issue the visa anywhere from three months to five years, according to the terms of the treaty.
- The E2 visa holder’s spouse and unmarried children under 21 can live with the treaty holder. The spouse can work, and the children can attend public school.
How Long Does it Take to Get an E-1 treaty visa or E-2 treaty visa?
- If the applicant is currently outside the United States, (s)he must file the E-2 treaty visa application through the U.S. Embassy. Although wait times vary, many of the Embassies are currently taking 4 to 9 months to interview E2 clients. The Embassies are usually issuing the visa around 1 to 2 weeks after the interview.
- If the applicant is already in the United States under another status, such as visitor status, (s)he may file an application for change of status while in the United States. The U.S. government is currently taking around 10 months to process the application. If the applicant pays an extra fee, the government will make a decision within thirty days.
- The Rothrock Law Firm usually recommends to its clients to file the application through the Embassy. The Embassy issues the visa for up to five years. During the period in which the visa is valid, the E2 visa holder can travel in and out of the United States. If the applicant files the application through USCIS, the government will issue E2 authorization for up to 2 years only. Further, if the applicant leaves the United States before the 2 years ends, (s)he will not be able to re-enter the United States with E2 status.
Can the Rothrock Law Firm help me obtain E-1 and E-2 Visas if I live outside the United States?
Yes, the Rothrock Law Firm can represent you regardless of whether you live within the United States or outside the United States. The attorneys at the Rothrock Law Firm are admitted to practice before the United States Immigration Courts in all fifty states. Many of our clients reside abroad when they hire us.
Prior to practicing immigration law, Carl Rothrock served as a complex litigation consultant to the defense teams of many Fortune 100 companies, including Shell Oil, British Petroleum, Chevron, Chesapeake Energy, Bank of America, UBS Bank of Switzerland, Johnson & Johnson, American Airlines and Walmart. He also acted as counsel for over 800 clients in a defective product litigation involving defective construction materials. Our attorneys have a combined 65 years of experience and have filed thousands of immigration cases.
