Monique Kornfeld, ESQ
IMMIGRATION LAWYER
An alien may hold status as an E-2 nonimmigrant treaty investor if the alien (i) has invested or is actively in the process of investing a substantial amount of capital in a genuine enterprise in the US, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living; (ii) is seeking entry solely to develop and direct the enterprise; and (iii) intends to depart the US upon the expiration or termination of E-2 treaty investor status.
An alien may become an E-1 nonimmigrant treaty trader if
the alien
i) will be in the US solely to carry on substantial, international
trade, either
on the alien's behalf or as an employee of a foreign person
or organization engaged in trade principally between the US and the treaty
country of which the alien is a national, and (ii) intends
to depart the
US upon the expiration or termination of treaty trader (E-1) status.
Also, in order to obtain status as an E-1 treaty trader or E-2 treaty investor, the alien must show (i) a treaty between the United States and the country of which the treaty enterprise is a "national"; (ii) at least 50% ownership of the investing enterprise by nationals of the treaty country; and (iii) citizenship in the treaty country by principal alien investors and employees of the enterprise seeking admission through the treaty enterprise.
An alien may also serve as an employee of a treaty investor or treaty trader if the employee is in or is coming to the United States to engage in duties of an executive or supervisory character, or, if employed in a lesser capacity, the employee has special qualifications that make the alien's services essential to the efficient operation of the enterprise. The employee must have the same nationality as the principal alien employer.
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