FAQ-Non-immigration

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Non-immigration

What are the limitations of E-1 visa?
- The limitations of E-1 visa are:
  
  1.         You are restricted to working only for the specific employer or self-owned business that acted as your E-1 visa sponsor
  
  2.         Visas are available only to foreign nationals of countries having trade treaties with the U.S.
  
  3.         Visas are approved for two years at a time which makes the application or extension process cumbersome
What is 'principal trade'?
- When over 50 per cent of the volume of the treaty trader's international trade is conducted between the U.S. and the country of nationality it is termed as principal trade.
What does "Executive capacity" mean?
- “Executive capacity” means that the employee primarily directs the management, establishes goals and policies, and exercises wide latitude in decision-making.
What does managerial capacity mean?
- “managerial capacity” means that the employee primarily manages the organization, controls the work of other supervisors, or manages a function, has the authority to hire or fire, exercise discretion over the day-to-day operations or function for which the employee has the authority.
What is 'substantial trade'?
- Substantial trade is that volume sufficient to ensure continuous flow (numerous transactions over time) of international trade between the U.S. and treaty country. There is no value or volume minimum. However, smaller businesses are expected to yield income sufficient to support the treaty trader and his or her family.

What is a substantial amount to invest in order to qualify for the E-2 category?

In order for an investment to be substantial, it must meet one of the following:

It must be proportional to the total value of the particular enterprise in question;
It must be an amount normally considered necessary to establish a viable enterprise of the type contemplated (this is normally applied to new businesses.)
Please see the following scale as a guide line with regards to substantial investments:

Total Value of business or cost to start new business

Minimum percentage of investment

required Less than $500,000

75%

How do I qualify for E-2 visa?

To qualify for E-2 visa:

1.         You must be the national of the country that has an investor treaty with the U.S. and you are involved in international trade;

2.         You must be serving your company in a capacity that is supervisory or executive in nature or involves skills essential to the operation of the business (key employee); or you are a 50 per cent owner of the company;

3.         Your nationals own at least 50 per cent of the stock of your company i.e. the firm has the nationality of the treaty country;

4.         You are investing or your company has invested substantial amount that is at risk, meaning subject to potential loss if the business does not succeed, in a bona fide enterprise in the U.S.;

5.         The U.S. business will involve in active trade or rendering of services;

  How long can I stay in the US on investor visa?
- You may stay on a prolonged basis with unlimited five year visa extensions or two year status extensions as long as you maintain E-2 qualifications. There is no limit on the number of extensions you can take.
Are there any travel restrictions on E-2 investor visas?
- No, there are no travel restrictions on E-2 visa. You may travel as many number of times as required before the expiry of your E-2 status. The USCIS also does not impose any time limit on your stay abroad.

Please give me the list of countries which qualify for E Visa?

Country Classification.

Albania E-2

Argentina E-1/E-2

Armenia E-2

Australia E-1/E-2

Austria E-1/E-2

Azerbaijan E-2

Can the qualifying E- visa holder’s spouse and children be accorded E-status to be permitted to the US?

As long as the qualifying alien is eligible for treaty spouse and children are automatically accorded status under the same treaty.

What are the advantages and disadvantages of the E-1 and E-2 visas?

There are several of each. A major advantage of the E category is that they may be applied for directly at the U.S. embassy or consulate overseas (discussed below), eliminating the lengthy U.S. Citizenship and Immigration Services application process. Also, the initial E visa may be granted for up to five years, although frequently less time will be granted if the business is not well-established.
On the negative side, there is the requirement that the foreign national be occupying a high-level position and that substantial trade or substantial investment be involved - these restrictions are sometimes prohibitive, and often make an L-1 nonimmigrant visa preferable where an overseas company is already in operation and the foreign national has worked there long enough. Obviously, a treaty needs to be in place between the country of which the individual is a national and the U.S. for the E visa to be viable.

What is K visa?

It is a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse/ fiancé (e) or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.

Can a spouse/fiancé (e) and child of a permanent resident get the K visa?

No. K visa is only available for the spouse/fiancé (e) and child of a US citizen. The spouse/fiancé (e) and child of a permanent resident can apply for V visa to enter US before getting the immigration visa.

What is the definition of fiancé (e)?

A fiancé (e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.

In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grant some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

Sometimes the USCIS considers a person a "fiancé (e)" even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage.

How to Apply for a Social Security Number Card？

After your fiancé (e) has been admitted into the United States, he/she can apply for a social security number card by visiting one of the Social Security offices in your local area.

Can a K-1 Visa Holder Leave the United States?

The K-1 visa allows a fiancé (e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with formI-131 application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States.

Can a K-1 Visa Holder Work in the United States?

As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document).

What is the difference between K-1/2 and K-3/4?

First, K-1 is for the fiancé (e) of a US citizen, and K-2 is for the person who is under 21 years of age and is the unmarried child of an alien eligible to be a K-1. K-3 is for the spouse of a US citizen, and K-4 is for the person who is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

Second, K-1/2 visa is one entry visa, while K-3/4 is multi-entry visa. The fiancé (e) with K-1 must marry with the US citizen in 3 months after entering US. The K-3 holder can go in and out of US freely without advance parole even during the adjustment period.

Am I a permanent resident after I enter with a K-3 visa?

Entering US with a K-3 does not mean that you are a permanent resident of US. You have to submit the application of status adjustment once you enter US with the approval of immigration application.

Does the American Consulate that will issue the K-3 Visa have to be in the Country where we were married?

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Yes, the regulations state that applicants for the K3 and K4 visas must apply for those visas in the country where the marriage to the US citizen took place. However, there are 2 exceptions to this rule:

1) If the marriage took place in the US, then the visa application must take place abroad in the country where the visa applicant resides.

2) If the marriage took place in a country where there is no US consular section providing nonimmigrant visa services, then the application for a visa shall take place in the country designated by the Department of State for immigrant visa processing for residents of the country where the the wedding took place.