Legal Question in Immigration Law in Massachusetts

A quick overview on the E visa. Call my office for a free consultation.

Caro Kinsella-Immigration Attorney

954-304-2243

� Does not allow you to become LPR

� Renewable indefinetly

� Spouse can also work

� All you need is to have the treaty trader investor rel, majority control of the US company, be a citizen of the country + put at risk $$ into US Co.

� If you do it all at consular level � initially get 5 years, otherwise if you do the I-129 it�s 2 years

� Make sure the money is at risk (not just sitting in bank account, but committed, e.g. contracts

� You must have at least 51% owner of the Co.

� State that their intent is to return home

You will need the at least the following:

1. Online Nonimmigrant Visa Electronic Application, Form DS-160.

2. Nonimmigrant Treaty Trader/Treaty Investor Application, Form DS-156E, completed and signed, if you are an Executive/Manager/Essential Employee.

3. A passport valid for travel to the U.S. and with a validity date at least six months beyond the applicant's intended period of stay in the U.S.

4. One (1) 2x2 photograph.

Keep in mind that an applicant for a Treaty Trader (E-1) or Treaty Investor (E-2) visa must first establish that the trading enterprise or investment enterprise meets the requirements of the law, and complies with the many requirements for the E visa classification. The consular officer may provide the applicant with special forms for this purpose. The applicant can expect the consular officer to request additional documentation, to make a determination about eligibility for a treaty trader or treaty investor visa. It is impossible to specify the exact documentation required since circumstances vary greatly by applicant.

Also, consider certain activities can make you ineligible for a U.S. visa. In some instances an applicant who is ineligible, but who is otherwise properly classifiable for a certain type of visa, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved.

As an alternative, you can apply for a B1 visa. It will allow you to come in to scout a location and/or lease a building. However, you will not be able to stay long to manage the business. If you have someone you trust in place to manage things in your absence, this can be a great option.

For a free consultation, please contact my office at 904-371-3538 or email me at [email protected].