Showing posts with label e2 visa usa. Show all posts
Showing posts with label e2 visa usa. Show all posts

Friday, 21 September 2012

USA E2 Business visa requirements


E2 visa Documents requirements



Evidence Requirements
All documentation previously submitted in each investor application to the CNMI government should be submitted as part of each E-2 CNMI Investor petition to USCIS.

All Individuals

All individuals must provide the following evidence of admission to the CNMI in long term investor status prior to November 28, 2009, consisting of:

  • A valid unexpired foreign passport
  • A properly endorsed CNMI admission document (e.g., entry permit, entry certificate or foreign investor visa) reflecting lawful admission to the CNMI in long-term business investor, foreign investor, or retiree foreign investor status
  • An unexpired Long-Term Business Certificate, Foreign Investment Certificate, or a Foreign Retiree Investment Certificate


Individuals with a CNMI-issued foreign investor entry permit or long-term business entry permit

An applicant with a CNMI-issued foreign investor entry permit or long-term business entry permit must submit evidence to show that he or she has maintained his or her investment with the E-2 CNMI Investor petition. This evidence includes all of the following, as applicable:


  • An approval letter issued by the CNMI government
  • Evidence that capital has been invested, such as bank statements, receipts or contracts for assets purchased, stock purchase transaction records, loan or other borrowing agreements, land leases, financial statements, business gross tax receipts, or other agreements supporting the application
  • Evidence that the applicant has invested at least the minimum amount required, such as evidence of assets purchased or property transferred from abroad for use in the enterprise, evidence of monies transferred or committed to be transferred to the new or existing enterprise in exchange for shares of stock, any loan or mortgage, promissory note, security agreement or other evidence of borrowing secured by assets of the applicant
  • A comprehensive business plan for new enterprises
  • Articles of incorporation, by-laws, partnership agreements, joint venture agreements, corporate minutes and annual reports, affidavits, declarations or certifications of paid-in capital
  • Current business licenses
  • Foreign business registration records, recent tax returns of any kind, evidence of other sources of capital
  • A listing of all resident and nonresident employees
  • A listing of all holders of business certificates for the business establishment
  • A listing of all corporations in which the applicant has a controlling interest
  • Copies of annual reports of investment activities in the CNMI showing that the certificate holder of a foreign investment is under continuing compliance with the standards required. Each report must be accompanied by an annual financial audit report performed by an independent certified public accountant


Individuals with a CNMI-issued retiree investor permit

CNMI retiree investors should submit the following with their applications for E-2 CNMI Investor status:

  • Proof that the foreign applicant has an interest in property in the CNMI, such as a lease agreement
  • Proof of the value of that property, such as an appraisal
  • Proof of any improvements to the property, which could include receipts or invoices of the costs of construction, the amount paid for a preexisting structure, or an appraisal of improvements
Er Ashima Patel
www.aisikitesi.com

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USA E-2 Business Visa- CNMI


E-2 Visa: CNMI-Only Investor


The CNMI-Only Investor (E-2) visa classification allows foreign, long-term investors to remain lawfully present in the CNMI through December 2014 while they resolve their immigration status. This classification is intended to help as the CNMI transitions from the CNMI permit system to U.S. immigration laws.
Obtaining E-2 CNMI Investor Status (E2C)



Obtaining E-2 CNMI Investor Status (E2C)
Initial Application

You must file your initial Form I-129 petition and Supplement E with USCIS before January 18, 2013.  USCIS will reject initial petitions filed after that date.

Length of Stay

Your E-2 CNMI investor status is valid in the CNMI initially for two years. If you have a spouse or minor children accompanying or following to join you in the CNMI, they will have the same validity period as you.  An E-2 CNMI Investor status is extendable in 2 year increments ending on December 31, 2014.

Extending Your Stay

To apply for an extension of stay, you must file a new Form I-129 and Supplement E with the required evidence and fee.

Individuals in the CNMI seeking an initial Grant of Status in the CNMI
There is additional guidance you must follow if you are requesting an initial grant of nonimmigrant status in the CNMI. For more information please visit the grant of status webpage.

General Qualifications for an E-2 CNMI Investor
To qualify for E-2 CNMI Investor status, you must:


  • Have been admitted to the CNMI with a long-term investor visa under CNMI immigration law before November 28, 2009
  • Have continuously maintained residence in the CNMI under long-term investor status
  • Currently maintain the investment(s) that formed the basis for the CNMI long-term investor status
  • Otherwise be allowed to enter the United States under the U.S. Immigration and Nationality Act (INA)

CNMI Investor Statuses that Qualify for E2C Status

You qualify for E-2 CNMI Investor status if you held one of the following long-term CNMI investor statuses under CNMI Immigration law:

  • A long-term business investor who was issued a long-term business certificate by the CNMI based upon an investment of at least $50,000
  • A foreign investor with a foreign investment certificate issued by the CNMI based upon an investment of at least $100,000 in an aggregate approved investment in excess of $2 million or at least $250,000 in a single approved investment
  • A retiree investor over the age of 55 years who was issued a foreign retiree investment certificate based upon a qualifying investment in an approved residence in the CNMI (but not including the 2-year non-renewable retiree investor program limited to Japanese nationals)

CNMI Investor Statuses that Do Not Qualify for E-2 Status

You are not eligible for an E2C visa if you held one of the following CNMI investor statuses under CNMI Immigration law:

  • The sub-category of the retiree investor specifically limited to Japanese retirees
  • Short-term business entry permits
  • Regular-term business entry permits

Er Ashima Patel
www.aisikitesi.com

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USA E2 Business Requirements


The E2 Treaty Investor Eligibility Requirements


E-2 holders must enter "solely to develop and direct the operations of an enterprise" in a supervisory, executive, or specialized knowledge capacity in which he or she has made an active and substantial investment in a real operating enterprise in the USA.
Further, the investment must not be marginal (e.g. the business employs US workers, the investor has other sources of income, and the investment does not solely support the investor and his/her family members).
The investment funds and assets must also be placed directly at risk and the investor must prove the requisite intent to return to his/her home country.
Once more, no specific parameters are in place but the greater the investment, the more likely an E2 visa application is to succeed.
The investment must be made in a current and active business and a large portion of the investment must have been made before the application was submitted.  With a branch office located in the US, Global Visas are happy to assess any potential business investment for its suitability based on E2 requirements and we invite you to contact us at anytime.



Terms and Conditions of E-2 Status
A treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted.  An E-2 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:

  • Relationship between the organizations is established
  • Subsidiary employment requires executive, supervisory, or essential skills
  • Terms and conditions of employment have not otherwise changed.

USCIS must approve any substantive change in the terms or conditions of E-2 status.  A “substantive change” is defined as a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event which affects the treaty investor or employee’s previously approved relationship with the organization.  The treaty investor or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty investor or affected employee.  The Form I-129 must include evidence to show that the treaty investor or affected employee continues to qualify for E-2 classification.

It is not required to file a new Form I-129 to notify USCIS about non-substantive changes.  A treaty investor or organization may seek advice from USCIS, however, to determine whether a change is considered substantive.  To request advice, the treaty investor or organization must file Form I-129 with fee and a complete description of the change.

Family of E-2 Treaty Investors and Employees
Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.  Their nationalities need not be the same as the treaty investor or employee.  These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.  If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee.  Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee.  If approved, there is no specific restriction as to where the E-2 spouse may work.
The E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States.  Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members.  To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires.

Er Ashima Patel
www.aisikitesi.com


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USA E2 Business Visas


US E2 Treaty Investor Visas


The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

US E2 visas are designed to facilitate investment between America and the countries in question and allow qualifying candidates to obtain a visa for USA based upon a businessperson's investments made into US businesses.

Benefits
The major benefit of E2 US visas is that, so long as the requirements continue to be met, a person may continue living and working in the US on an indefinite basis. In America, visas of this kind may be extended by two years at a time so long as the applicant still satisfies the original criteria.

However, it is worth noting that, as with a non-immigrant US visa such as the H1-B visa and L1 visa, which function in a similar manner to a UK work permit, Adjustment of Status may be an option.

Since applying for a US Permanent Resident Card can be a lengthy process, it is a common practice to immigrate to the USA on a temporary US visa for a limited duration, whilst simultaneously beginning US Green Card application proceedings.


Who May File for Change of Status to E-2 Classification
If the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-2 classification.  If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.

How to Obtain E-2 Classification if Outside the United States
A request for E-2 classification may not be made on Form I-129 if the person being filed for is physically outside the United States.  Interested parties should refer to the U.S. Department of State website for further information about applying for an E-2 nonimmigrant visa abroad.  Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-2 nonimmigrant.

General Qualifications of a Treaty Investor
To qualify for E-2 classification, the treaty investor must:


  • Be a national of a country with which the United States maintains a treaty of commerce and navigation
  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
  • Be seeking to enter the United States solely to develop and direct the investment enterprise.  This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.


An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit.  The capital must be subject to partial or total loss if the investment fails.  The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.

A substantial amount of capital is:

  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
  • Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.  The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit.  It must meet applicable legal requirements for doing business within its jurisdiction.


Marginal Enterprises
The investment enterprise may not be marginal.  A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.  Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income.  In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.

General Qualifications of the Employee of a Treaty Investor
To qualify for E-2 classification, the employee of a treaty investor must:

  • Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
  • Meet the definition of “employee” under relevant law
  • Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country.  These owners must be maintaining nonimmigrant treaty investor status.  If the owners are not in the United States, they must be, if they were to seek admission to this country, classifiable as nonimmigrant treaty investors.

Special qualifications are skills which make the employee’s services essential to the efficient operation of the business.  There are several qualities or circumstances which could, depending on the facts, meet this requirement.  These include, but are not limited to:

  • The degree of proven expertise in the employee’s area of operations
  • Whether others possess the employee’s specific skills
  • The salary that the special qualifications can command
  • Whether the skills and qualifications are readily available in the United States.

Knowledge of a foreign language and culture does not, by itself, meet this requirement.  Note that in some cases a skill that is essential at one point in time may become commonplace, and therefore no longer qualifying, at a later date.

Period of Stay
Qualified treaty investors and employees will be allowed a maximum initial stay of two years.  Requests for extension of stay may be granted in increments of up to two years each.  There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted.  All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States.  It is generally not necessary to file a new Form I-129 with USCIS in this situation.

Er Ashima Patel
www.aisikitesi.com

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