Foreign trade and investment are at the center of the E visa classification which encourages existing companies and entrepreneurial start-ups to do business in the United States. An increasingly popular option for foreign nationals seeking to live and work in the United States, E-1 and E-2 visas are available to citizens of qualifying countries that have a treaty with the United States pursuant to 9 FAM 402.9-2. A citizen of a treaty country may be eligible to enter as either an E-1 Treaty Trader or E-2 Treaty Investor if he or she intends to serve as a manager or executive, or will utilize special qualifications essential to the efficient operation of the enterprise (an “essential employee”).
Visas are usually issued for five years, although shorter periods may be dictated by reciprocity limitations with certain countries or at the discretion of the U.S. Consulate. Each single admission to the United States is usually limited to two years, with an indefinite number of two year extensions available provided that E classification requirements are met and the foreign national ultimately intends to return to the home country upon completion of the assignment. As such, the visas are intended to provide temporary status in the United States. There is no direct path to permanent residence for E-1/E-2 visa holders although some limited options may be available.
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