Case Studies: E-2 Treaty investor visa for a UK national valid for 5 years
| Visa Type: | E-2 |
| Country: | UK |
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Synopsis
The E-2 Treaty Investor Visa is a nonimmigrant visa that allows the investor to come to the U.S. to develop and direct the E-2 Treaty Enterprise. The visa validity is based on a reciprocity schedule. For most countries, the reciprocity schedule is 5 years. This means that the E-2 visa holder can come in and out of the U.S. within the 5-year period.
It is important to note, however, that the maximum period of authorized stay for every entry is two years as per the I-94. It is important to distinguish between the visa validity and the period of authorized stay as would be indicated in the I-94. It is important to always download the I-94 from the CBP website to make sure that you do not stay beyond the period of authorized stay.
If the E-2 visa holder departs the U.S. on or before the 2-year period, he or she can re-enter on the valid visa and get another 2 years of authorized stay. The E-2 visa holder also has the option to apply to extend his/her E-2 status with USCIS if he or she needs to stay in the U.S. beyond the 2-year period. If the extension of status application is approved, USCIS will issue a new I-94 with an extension of additional period of 2 years of authorized stay.
What are the advantages of the E-2 visa?
- The E-2 visa is renewable indefinitely, but when you apply for renewal, you have to prove that your and your E-2 enterprise continues to meet the requirements.
- There are no quota limitations, which means that E-2 visas are always available. The processing time is not that long compared to other visa classifications. An E-2 visa application is filed directly with the Embassy or Consulate unlike other visa classifications that have to go through USCIS.
- Your spouse and children below 21 are eligible to apply for E-2 derivative visa. Your spouse is eligible to work for any U.S. employer without having to apply for Employment Authorization Document and your children are eligible to study.
- Your E-2 treaty enterprise may be eligible to sponsor an E-2 treaty employee to occupy an executive, supervisory or specialized knowledge role.
- It is a nonimmigrant visa and with careful tax planning, you may avoid being classified as a U.S. tax resident.
- Being in the U.S. on the E-2 visa, opens the possibilities to transition to become a permanent resident of the U.S. through other classifications.
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