American work-related travel permits
The United States offers a variety of visa options for foreign entrepreneurs seeking to live and work in the country while owning and operating a business. Here's a breakdown of four key visas available for foreign businesspersons: the E-1 Treaty Trader Visa, E-2 Treaty Investor Visa, L-1 Intra-company Transfer Visa, and EB-5 Permanent Resident Visa.
E-1 Treaty Trader Visa
The E-1 visa is designed for nationals of countries that have a trade treaty with the USA. To be eligible, the business must engage in substantial trade between the USA and the treaty country, with at least 50% of the international trade being with the USA. The visa does not require a large capital investment, focusing instead on active, ongoing trade of goods, services, or technology.
The E-1 visa allows the principal applicant, their spouse (who may work), and children under 21 to accompany. Essential employees may also qualify. It's important to note that the E-1 visa is a non-immigrant visa, meaning the intention is to leave the USA after the visa expires.
E-2 Treaty Investor Visa
The E-2 visa is available to nationals of treaty countries who have made a substantial investment in a bona fide US Operation. The investment must be "at risk" and the business must be active and generating more than marginal income. The applicant for the E-2 visa can be, but need not be, an owner of the foreign treaty company. They must be a manager or highly trained or specially qualified employee who is needed to develop and manage the US Operation.
Like the E-1 visa, the E-2 visa is a non-immigrant visa, requiring the intent to depart the USA after the visa expires.
L-1 Intra-company Transfer Visa
The L-1 visa facilitates the transfer within multinational companies without a specific investment threshold. To be eligible, the applicant must have been employed continuously for at least one year in the last three years by a related foreign company (parent, branch, subsidiary, or affiliate). The US entity must have a qualifying corporate relationship with the foreign company.
The L-1 visa allows the transfer of managers, executives (L-1A), or specialized knowledge employees (L-1B). It can be used to open a new office in the USA, but initial approval for new offices is typically limited to one year.
EB-5 Permanent Resident Visa for Investors
The EB-5 visa is the only one offering permanent residency based explicitly on capital investment and job creation in the USA. To be eligible, the foreign national must invest $1,050,000 in a new commercial enterprise or $800,000 if in a Targeted Employment Area (high unemployment or rural area). The investment must result in the creation or preservation of at least 10 permanent full-time jobs for qualified U.S. workers lasting a minimum of 2 years.
The EB-5 visa leads to conditional permanent residency, with removal of conditions after 2 years if the requirements are met. It's important to note that the application requires extensive documentation proving the lawful source of funds and the job creation.
In conclusion, these visas provide unique opportunities for foreign entrepreneurs to engage in trade, investment, or intra-company transfers in the USA. It's essential to understand the requirements and eligibility criteria for each visa to make an informed decision.
The E-1 Treaty Trader Visa and E-2 Treaty Investor Visa are designed for foreign nationals who wish to engage in business activities in the United States, with the E-1 focusing on active trade and the E-2 requiring a substantial investment.
The E-2 visa also allows the principal applicant's spouse to work and necessitates the intention to depart the USA upon visa expiration, similar to the E-1 visa. Additionally, the L-1 Intra-company Transfer Visa facilitates the transfer of managers, executives, or specialized knowledge employees within multinational companies, while the EB-5 Permanent Resident Visa offers permanent residency based on capital investment and job creation.
