E VISA

Dear Stakeholder,

As you may have seen, U.S. Citizenship and Immigration Services (USCIS) announced it will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application To Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E derivative status.

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On March 2, significant changes were made to the criteria for granting National Interest Exceptions to Presidential Proclamation 10143 (extending PP 9993), which suspends travel from Schengen countries to the United States. Investors, including E visa holders and applicants
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Two of the most highly sought after employment-based visas are the EB-2 and the EB-3 classifications.
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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).
Read more . . .