E VISA

On Tuesday August 20, 2019, the French-American community heard of an unexpected announcement in which the conditions of validity for the E1 and E2 non-immigrant visa were revised. Previously, holders of this visa, based on review of their dossier and validation of their business plan, were granted a five-year visa. Following this latest announcement, the reasons for which are still unsure, the validity has been reduced to 15 months. According to American immigration law, visa categories are aligned with the conditions attributed to American citizens in partner countries. However, there has not been a recent change in the French immigration laws pertaining to this visa category.

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Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification. Beginning May 1, eligible Israeli nationals already in the United States in a lawful nonimmigrant status can file Form I-129,


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Who will qualify for an E-2 visa?

The E-2 investor visa allows qualifying individuals to enter and work in the United States in order to partake in a substantial investment.  Investor visas are only available to individuals immigrating from certain countries, and applicants must meet investment requirements.  For some investors, the E-2 visa can provide the perfect opportunity to come to the U.S. to start or operate a business.
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Le visa nonimmigrant E-2 pour les investisseurs a pour objectif sous-jacent d’inciter les ressortissants de pays avec lesquels les Etats-Unis ont un accord commercial d’y venir via un investissement entrepreneurial. Cet investissement peut consister dans la création d’une entreprise, l’achat d’une société existante ou d’une franchise. Une entreprise peut également faire venir un ressortissant étranger sous visa E-2 à condition que cette personne vienne afin d’occuper un poste de direction ou de management, et qu’il ou elle soit de la même nationalité que l’organisation (c’est-à-dire de la même nationalité que le propriétaire de l’entreprise).
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The nonimmigrant E-2 visa for treaty investors has as its underlying policy the aim of incentiving foreign nationals to come into the U.S through business investment. This investment could either consist in creating a new company, buying an existing one or purchasing a franchise. Also, this company can have a foreign national come and work in a managerial or executive position under an E-2 visa as an “Essential Employee”, provided that this employee holds the same nationality as the organization (i.e. as the majority owner of this company).
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U.S. immigration laws specifically authorize the issuance of E visas to nationals of a country that has qualifying treaty[i] of commerce and navigation with the United States. Such qualifying treaties may include treaties of Friendship, Commerce and Navigation (FCNs) and Bilateral Investment Treaties (BITs).
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On November 5, 2013, the Board of Immigration Appeals (BIA) issued an unpublished decision that reverses the denial of an adjustment application and holds that the respondent was not required to obtain an employment authorization document as the spouse of an E-2 treaty investor (Matter of Lee, November 5, 2013). While this may seem not to be a big deal, let's take a closer look.
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U.S. immigration laws specifically authorize the issuance of E visas to nationals of a country that has qualifying treaty[i] of commerce and navigation with the United States. Such qualifying treaties may include treaties of Friendship, Commerce and Navigation (FCNs) and Bilateral Investment Treaties (BITs).
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The following is the information with regard to AILA (American Immigration Lawyers Association) intake on persons who overstay their visas.

Policymakers are calling for a solution to address those who have "overstayed their visas." However, the label of "visa overstays" is widely misused and misunderstood. The reality is that identifying visa overstays is an ambiguous, difficult task, a fact often overlooked in these debates.
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On October 11, 2011, USCIS Director Alejandro Mayorkas announced a new initiative to harness industry expertise from the public and private sectors and increase the job creation potential of employment-based and high-skilled visa categories. Called 'Entrepreneurs in Residence', the initiative built upon a series of policy, operational, and outreach efforts within the framework of existing immigration laws. The EIR program was part of a wider White House and Department of Homeland Security (DHS) effort to grow the U.S. economy and create American jobs.

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The U.S. Embassy in Tel Aviv has not yet issued guidance to the public on the availability of E-2 visas for Israeli citizens. Nearly six months ago, President Obama signed legislation that would add Israel to the list of countries eligible for non-immigrant investor visas to the United States. The legislation, which was spearheaded by Rep. Howard Berman (D-Calif.), would grantE-2 investor visas to Israelis, allowing them to live and work in the U.S. to be closer to their investments. As of today, there does not appear to have been any movement in implementing this important legislation. The overriding issue is the fact that the Israeli government must create a reciprocal visa for Americans investing in Israel. Given recent events in Israel, the E-2 visa does not appear to be a priority.

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