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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
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Start →7. E-1 Treaty Trader & E-2 Treaty Investor Visas Citizens of certain countries may gain entry to the United States for trade or investment using E-2 Treaty Investor and E-1 Treaty Trader visas. Because these visas can be renewed in five-year increments for 10, 20 or even 30 years or longer, they remain excellent options for many foreign businessmen: The E-2 Treaty Investor Visa allows you to: (1) move your entire business to the United States, or (2) start a new business in the U.S. if you are not now in business, or (3) establish or expand a U.S. branch, affiliate or subsidiary of your foreign company, or (4) if you are a foreign owned business, to transfer to the U.S. personnel of the same nationality as the company. Same Nationality: An E-2 applicant must be of the same nationality as the foreign company or investor, and the nationality must be one of the treaty countries. No Minimum Investment: There is no minimum required investment for an E-2 investor visa. In the case of small businesses, as a general guideline, an owner investor can usually obtain E-2 status if he will (1) actively manage the small business; (2) put at risk, including borrowed funds secured for personal assets, a substantial investment in capital and/or equipment;1 and (3) plan to employ at least several U.S. workers. The amount of the investment varies depending upon the nature of each investment. U.S. State Department guidelines suggest that the smaller the business, the greater percentage of its value must be invested to qualify. The key is that the business cannot be marginal, that is, designed just to provide a living for the owner and his family. Eligible Countries: The E-2 visa is available to citizens of the following countries under U.S. bilateral treaties or treaties of commerce and navigation: 1 Some consulting or service businesses have qualified with even smaller investments, in the range of $25,000 to $50,000. . 10 . Albania Argentina Armenia Australia Austria Azerbaijan Bahrain Bangladesh Belgium Bolivia Bosnia & Herzegovina Bulgaria Cameroon Canada Chile Colombia Congo (Brazzaville and Kinshaha) Costa Rica Croatia Czech Republic Ecuador Egypt Estonia Ethiopia Finland France Georgia Germany Grenada Honduras Iran Ireland Italy Jamaica Japan Jordan Kazakhstan Korea (South) Kyrgyzstan Latvia Liberia Lithuania Luxembourg Macedonia Mexico Moldova Mongolia Morocco Netherlands Norway Oman Pakistan Panama Paraguay Philippines Poland Romania Senegal Singapore Slovak Republic Slovenia Spain Sri Lanka Suriname Sweden Switzerland Taiwan Thailand Togo Trinidad & Tobago Tunisia Turkey Ukraine United Kingdom Yugoslavia Other Requirements: To qualify for an E-2 visa, the applicant must be entering the U.S. to perform either (a) managerial or executive functions, or (b) functions requiring essential skills. Examples of essential skills functions may include: .. A French technician for a French company coming to the U.S. to maintain specialized equipment for a U.S. subsidiary. .. A German accounting specialist coming to a U.S. branch of a German company to ensure that the books and records are maintained according to German accounting standards. .. A technical translator for a Japanese company coming to the U.S. to translate technical documents regularly sent from the Japanese parent company. Duration: The E-2 visa is usually issued for an initial period of 2-5 years. There is no limit to the number of renewals. Family: The spouse and children of an E-2 investor or employee also receive E-2 visas. They can also obtain work authorization in the United States under that category. . 11 . STRATEGY TIPS: The E-2 visa is not limited to businesses involved in international trade. Purely local businesses such as retail sales, construction, service industries, or manufacturing can qualify. For larger companies, the E-2 should be a first choice for quickly transferring key managers, executives and persons with essential skills to your U.S. operations. Note: the employee and company must have the same nationality and must be from one of the qualifying treaty investor countries. Nationality of the foreign firm is usually determined by the citizenship of at least fifty- percent (50%) of its stockholders. No college degree is required to obtain an E-2 visa. E-1 Treaty Trader Visas. There is a companion visa to the E-2, the E-1 Treaty Trader. To qualify, the following requirements must be met: (1) The traders U.S. office must engage in substantial trade with the foreign country of its shareholders. Substantial trade is not measured just in dollars. Frequent and continuous trade in goods or services of small dollar value may also qualify for E-1 visa treatment. (2) At least 50% of the trade must be between the U.S. business applying for the E-1 visa and the foreign country of which the employee is a citizen. (3) The U.S. business must be at least 50% owned by persons holding the same nationality as the visa applicant. Eligible Countries: Only citizens of the following countries with bilateral treaties with the United States qualify for E-1 visas: Argentina Australia Austria Belgium Bolivia Bosnia & Herzegovina Brunei Canada Chile Columbia Costa Rica Croatia Denmark Estonia Ethiopia Finland France Germany Greece Honduras Iran Ireland Israel Italy Japan Jordan Korea (South) Latvia Liberia Luxembourg Macedonia Mexico Netherlands Norway Oman Pakistan Paraguay Philippines Singapore Slovenia Spain Suriname Sweden Switzerland Taiwan Thailand Togo Turkey United Kingdom Yugoslavia Types of Trade: .. Export and import firms can qualify, as do manufacturing companies purchasing most of their equipment and parts from their parent firms. .. The trade does not need to be in goods. Technical know-how, blueprints, accounting advice or software engineering services, just to name a few, can qualify as trade in services for E-1 visa purposes. . 12 . E-1 Examples: .. A Virginia lumber firm which is owned by Israelis and exports at least 51% of its timber products from the U.S.A. to Israel can obtain E-1 visas for its key traders and managers who are Israeli nationals. .. A French employee of the Israeli lumber firm cannot qualify for an E-1 visa because he must have the same nationality as its owners. (Note: Other visas may be available to the French employee). .. A Virginia electronics firm owned by Germans which buys most of its parts from Holland for sale in the U.S.A. cannot qualify for an E-1 because the majority of its trade is not with the country of its shareholders (Germany). (Note: Again, other visa options may be available.) Duration: The E-1 can usually be obtained in less than thirty (30) days from most U.S. Consulates, will be valid for two to five years and can be renewed indefinitely. Family: The immediate family members of the holder of an E-1 visa can come to the U.S. Once here, they can apply for work authorization in the United States. STRATEGY TIPS: Proper use of E visas requires mastery of a number of technical rules and usually requires expert assistance. Documentation requirements for E-1 and E-2 visas can vary from U.S. consulate to U.S. consulate and can change without notice. Joint ventures with established U.S. companies can be used to qualify foreign firms and their employees for E visas as long as the foreign venture partner can exercise veto control over key business decisions. A small, family-owned business engaging in frequent trade with the country of its foreign owners may qualify for an E-1 even if no U.S. workers are employed. 8. O Visas O visas are temporary visas av * ڴԿ ؼ Խù ̵Ǿϴ (2016-05-05 13:33) ← End |
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Copyright 1997-2024
TAX & LAW (ݰ )
site ϴ ƴϸ, ̰ "" Ƿ(¶ ƴ϶ å Ⱓ Ƿ) Ǹ մϴ. , Ƿʿ Ȥö ִٸ, װ ƴϸ, Ͽ ̰ų ̶ Ͻñ ٶϴ. ұϰ ̸ ̶ ϽŴٸ, ϴ Ʈ ƴ϶ Ͽ (å Ⱓ Ƿ) Ƿ Ͻʽÿ. 繫ǿ Ͻ κ ƴմϴ. |
FEE Ұ |
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Ư PAT ǥ |
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Ѽ |
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ART |
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USA ̹ VISA |
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ȥ |
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Foreign Clients |
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