Investors looking to expand their business ventures into the United States often turn to the E-2 visa, which allows them to live and work in the U.S. based on a substantial investment in a U.S. enterprise. However, the requirements for obtaining an E-2 visa can vary significantly depending on the investor’s country of origin due to different treaties and agreements between the U.S. and these countries. Understanding these country-specific stipulations is crucial for a smooth application process. This blog provides a comprehensive overview of the unique E-2 visa requirements for investors from various countries, ensuring you have the detailed information needed to navigate the complexities of this visa category effectively.
Country-Specific E-2 Visa Requirements for Investors
China (Taiwan)
- Legal Framework: Section 6 of the Taiwan Relations Act (TRA), Public Law 96-8, 93 Stat, 14, and Executive Order 12143.
- Administration: Managed by the American Institute in Taiwan, a nonprofit corporation in Washington, D.C.
- Note: This does not constitute official recognition of Taiwan.
Czech Republic and Slovak Republic
- Treaty Status: Effective December 19, 1992, initially with the Czech and Slovak Federal Republic.
- Current Application: The treaty has been in effect since January 1, 1993, and applies to the Czech Republic and Slovak Republic as separate states.
Denmark
- Treaty Status: Effective July 30, 1961.
- Exclusions: Does not apply to Greenland.
France
- Treaty Status: Effective December 21, 1960.
- Territorial Application: Includes Martinique, Guadeloupe, French Guiana, and Reunion.
Japan
- Treaty Status: Effective October 30, 1953.
- Extended Application: Applies to the Bonin Islands (since June 26, 1968) and the Ryukyu Islands (since May 15, 1972).
Netherlands
- Treaty Status: Effective December 5, 1957.
- Territorial Application: Includes Aruba and Netherlands Antilles.
Norway
- Treaty Status: Effective September 13, 1932.
- Exclusions: Does not apply to Svalbard (Spitzbergen and certain lesser islands).
Spain
- Treaty Status: Effective April 14, 1903.
- Territorial Application: Applies to all territories of Spain.
Suriname
- Treaty Status: The treaty with the Netherlands is effective December 5, 1957.
- Application to Suriname: Effective February 10, 1963.
United Kingdom
- Treaty Status: Effective July 3, 1815.
- Territorial Application: This applies to European British territory, including the British Isles (except the Republic of Ireland), the Channel Islands, and Gibraltar.
- Qualification: Only nationals of the United Kingdom qualify.
Yugoslavia
- Treaty Status: The treaty in force with the Socialist Federal Republic of Yugoslavia (SFRY) at its dissolution.
- Application: This applies to the following successor states: Bosnia and Herzegovina, Croatia, Macedonia, Slovenia, Montenegro, Serbia, and Kosovo.
Bolivia
- Eligibility Period: Bolivian nationals with investments in place by June 10, 2012, can qualify until June 10, 2022.
- Current Application: Only for those furthering investments established before June 10, 2012.
Ecuador
- Eligibility Period: Ecuadorian nationals with investments in place by May 18, 2018, can qualify until May 18, 2028.
- Current Application: Only for those furthering investments established before May 18, 2018.
Israel
- Initial Treaty: Treaty of Friendship, commerce, and Navigation effective April 3, 1954.
- E-2 Status: Public Law 112-130 (June 8, 2012) allows E-2 status if Israel reciprocates, confirmed on May 1, 2019.
New Zealand
- Legislation: Public Law 115-226 was enacted on August 1, 2018.
- E-2 Status: Effective June 10, 2019, as New Zealand offers reciprocal status.
E-3 Visa Specifics
- Eligibility: Exclusively for nationals of Australia.
- Occupation Requirement: Must perform services in a “specialty occupation” requiring specialized knowledge and a bachelor’s degree or higher in the field.
Conclusion
Understanding these specific requirements can help investors from these countries navigate the E-2 visa application process more effectively. Consulting an immigration expert is recommended for further assistance and to ensure compliance with the latest regulations.
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