Attorney Jacob J. Sapochnick provides the skinny on the E-1. The Treaty Trader Visa (nonimmigrant E-1 classification) is intended for the nationals of a foreign country with which a qualifying Treaty of friendship, Commerce, navigation, or a similar agreement exists with the United States. Nationals (individuals or companies) of such countries can obtain visas to work in the USA in order to develop and direct their trade with the USA. E-1 visa is for individuals coming to the U.S. to carry on substantial trade. A person may qualify as the principal trader or as an employee of a trader company having the same nationality.
In this video, Attorney Jacob J Sapochnick, Esq. will explain the reasons why an applicant should consider hiring an attorney.
You are not required to have a lawyer when applying for an immigrant visa or green card in the United States or overseas. If you have a straightforward case, are clearly eligible for the benefit you seek, and have no record of crimes or negative run-ins with immigration authorities, you can potentially proceed all the way to a visa or green card without a lawyer. In fact, if you are overseas, lawyers cannot attend consular interviews with you, though they are allowed to prepare the paperwork and have follow-up communications with the consulates.
However, there are numerous types of situation when you’ll need a lawyer’s help — or will save yourself a lot of time and aggravation by getting it. Immigration law is notoriously, insanely complicated, and it’s run by a bureaucracy that receives less oversight and public scrutiny than you might expect.
Immigration law seems deceptively easy. However, it is a minefield full of traps for the unwary, and behind every case must emanate a well thought-through strategy. While it is true that almost anyone can fill out forms, immigration law is about so much more than that.
A qualified immigration lawyer will advise you on a host of issues and restrictions on work and travel that foreign nationals may face. Such rules may apply differently to those seeking non-immigrant versus immigrant status and oftentimes even apply to Permanent Residents, also known as “Green Card.”
This is the Law Offices of Jacob J Sapochnick: Find out what we do!
Since 2004, we have efficiently and conveniently served our clients located across the United States and around the world through the use of cutting-edge technology and other innovations, always maintaining the personal connection you have come to expect from us.
You can express your interest, or schedule an appointment by emailing us at info@h1b.biz We are excited to expand our ability to help many more of you, as you seek to achieve your American dream of living and working in this great country, a nation of immigrants.
Looking back, it is hard to narrow the reasons for our firm’s success. So much goes into that, but the main three ingredients have to be the lawyers, staff and clients. I am amazed at the enduring relationships we have with our clients.
Our office has been blessed with a staff that is motivated, efficient and very capable. I also think it important that they are compassionate for our clients’ issues – this is more than a job for us all – it is a calling.
In this case study we describe a problem for a hospitality employer facing a need to hire seasonal workers.
The H-2B nonimmigrant visa program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent and there are no qualified and willing U.S. workers available for the job. Note that this visa is not available for “temporary” agencies or other work placement agencies.
There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status during each USCIS fiscal year (October through September). The process for obtaining H-2B certification is similar to, but less extensive and time consuming, than permanent certification. You are eligible for the H-2B Visa provided that you have a valid job offer from a US employer to perform temporary or seasonal non-agricultural work and that you intend to return to your home country on expiration of the visa. For legal advice please visit us at www.h1b.biz
You have applied for an H1B or L1 Visa and have been denied? What next?
Our office has extensive experience assisting clients in filing H-1B petitions. We also help clients who are considering their options if the case is denied.
Filing a motion to reopen is only one of the options. There are other options that may be available to you considering the circumstances of your case. If you have any questions regarding filing a motion to reopen or require additional information, do not hesitate to contact our office.
The Treaty Trader Visa (non-immigrant E-1 classification) is intended for the nationals of a foreign country with which a qualifying Treaty of friendship, Commerce, navigation, or a similar agreement exists with the United States. Nationals (individuals or companies) of such countries can obtain visas to work in the USA in order to develop and direct their trade with the USA. E-1 visa is for individuals coming to the U.S. to carry on substantial trade. A person may qualify as the principal trader or as an employee of a trader company having the same nationality. Requirements:
The alien must be a citizen of a treaty trade country, and be involved in international trade.
The applicant must be coming to the United States to carry on substantial trade or to develop and direct the operations of an enterprise that has commercial trade with the applicant’s country of nationality.
The substantial nature of trade is dependent on the volume of the trade, the number of transactions, and a continued course of trade and is not tied directly to the dollar value.
The trade must be conducted principally between the United States and the treaty country. The Parent company, or the worldwide organization of the treaty enterprise, does not have to be engaged principally in the U.S. treaty country trade. It means the U.S. enterprise must conduct more than 50 percent of its total trade volume with the treaty country.
The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items including passing of the title of the trade items between the US and a treaty country.
These types of visas are for managerial and supervisory personnel, therefore, unskilled workers and workers with ordinary skills do not usually qualify for such visas. However, other personnel who have special qualifications that make the services to be rendered essential to the efficient operation of the enterprise may also qualify for such visa.
The E-1 visa holder can be an independent trader or an agent or employee of a trader or of a trading company.
The alien is the immediate family member of a principle E-1 visa holder.
In this video Attorney Jacob J Sapochnick Esq., discusses potential visa pathways for foreign entrepreneurs. Non-immigrant visa pathways may allow foreign entrepreneurs to explore or start a new business in the United States. The immigrant visa pathways may allow foreign entrepreneurs who have already started or are about to start a new business in the United States to immigrate permanently to the United States.
For more information about visa options for entrepreneurs please contact our office.
In this installment our Senior Case Manager, Inese Grate Esq., explains the E-2 Visa Process and Requirements.
Below are some key requirements you must keep in mind when considering applying for an E-2 Visa:
Requirement 1
As a treaty investor, you must be coming to the United States to invest in a new or existing enterprise.
USCIS defines an E-2 investment as the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Your investment may be for the purpose of establishing a new business venture, or purchasing a pre-existing business. In either scenario, you must demonstrate that the capital you are investing is substantial.
Requirement 2
Your investment must be in a bona fide enterprise and may not be marginal.
A bona fide enterprise is one that is a real, active commercial or entrepreneurial undertaking which produces services or goods for profit. The enterprise cannot be an idle investment held for potential appreciation in value, such as undeveloped land or stocks held by an investor who has no intent to direct the enterprise.
A marginal enterprise is one that will not generate more than enough income to provide a minimal living for you and your family or to make a significant economic contribution.
Requirement 3
You must be in possession of the funds you will invest and the funds must be committed to your business.
You must demonstrate that the capital you invest is irrevocably committed to the enterprise and subject to partial or total loss in the event that the entity fails. The funds you invest must also be your own. Additionally, the invested funds must be substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise you are considering.
Requirement 4
You must be able to provide the source of your funding.
You must show a clear and legitimate path regarding the source of the capital you will be investing. You must also demonstrate that the funds you are investing have not been obtained through criminal means.
Requirement 5
You must be coming to the United States to develop and direct the enterprise.
You must show that you will develop and direct the investment enterprise by demonstrating ownership of at least 50 percent of the enterprise, or by possessing operational control through a managerial position or other corporate devices.
Once you have determined that the E-2 visa classification is the best pathway for you and you are ready to apply, feel free to contact our office. For more on E-2 Visas follow our blog posts on Visalawyerblog.comhere and here.
Immigration Lawyer Blog
