Our office has successfully processed 100's of E visas!!

The E categories are designated for foreign nationals engaged in international trade or investment between the US and the foreign national's countries of nationality, provided the U.S. has an appropriate treaty relationship with the foreign country.

A treaty country is a foreign state with which a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent exists with the US. A Treaty Country includes a foreign state that is accorded treaty visa privileges under section 101(a)(15)(E) of the INA by specific legislation.

E-1 Visa (Treaty Trader)

The E-1 visa is the appropriate visa category for foreign nationals who enter the United States to conduct substantial trade between the United States and the country in which he or she is a resident.

The requirements for the E-1 visa are:
The foreign national must be employed by a US company that is owned by one investor

The trade between the US and the home country of the foreign national must have already commence when the application for an E-1 visa is made

More than half of the trade conducted by the US company must be between the United States and the home country of the foreign national to qualify as substantial trade

The foreign national must either:

• be the owner of the company
• be employed as an executive or manager by the company
• perform essential skills that are essential to the operations of the company

E-2 Visa (Treaty Investor)

The E-2 visa category is the appropriate visa category for foreign nationals who enter the US to develop a business in which he or she invested or will invest a substantial amount of money.  If the sponsored alien is not the principal investor then he or she must serve in an executive or managerial capacity.  This category also applies to employees of investors who are coming to the US to perform skills that are essential to the operations of the business. 

Unlike H-1B and L-1A visas, the E-1/E-2 visa petition does not have to be submitted to the USCIS for prior approval before issuance of the visa.  The petition may be submitted directly to the consulate in the foreign national's home country.  For foreign nationals already in the US on a different visa, a change of status petition may be filed in the US with the appropriate USCIS Service Center. 

Employment-Based Immigrant Visa Category 1 (EB-1)

The Employment-Based Immigrant Visa Category 1 is the most difficult category for most alien's to try to immigrate under; however, it is often the most rewarding category because few people meet the requirements and so more visas are typically available in this category, allowing for concurrent filing of the Adjustment of Status.

The EB-1 category has three sections: Aliens of Extraordinary Ability, Multinational Executives and Managers, and Outstanding Researchers.

Aliens of Extraordinary Ability

This category is very similar to the O-1, nonimmigrant visa category except in one important respect.  The Alien is not required to have a sponsoring employer. 

Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who has risen to the very top of the field of endeavor. A petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Such evidence shall include evidence of a one-time achievement (that is, a major, internationally recognized award), or at least three of the following: 

Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; 

Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields; 

Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation; 

Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought; 

Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; 

Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media; 

Evidence of the display of the alien's work in the field at artistic exhibitions or showcases; 

Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation; 
Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or 

Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales. 

Multinational Managers and Executives

This category is similar to the L-1A nonimmigrant visa category.  To qualify, it must be established hat:

1. It has a qualifying relationship with a business entity in the foreign country (parent, subsidiary, or affiliate).
2. The alien has been working for the foreign entity for at least one year in the last three as a manager/executive
3. The alien is coming to the United States to serve in a managerial/executive capacity.
   
4. Both the foreign and domestic companies are viable entities.
   
5. The prospective US employer has been doing business for at least one year

Outstanding Professors and Researchers

This category requires an employer willing to sponsor an Professor or Researcher who is outstanding in an academic field.  An academic field is one in which a body of specialized knowledge offered for study at an accredited United States university or institution of higher education.  In addition to requiring three years of experience, the alien must possess at least two of the following:

• Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field; 
• Documentation of the alien's membership in associations in the academic field which require outstanding achievements of their members; 
• Published material in professional publications written by others about the alien's work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation; 
• Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field; 
• Evidence of the alien's original scientific or scholarly research contributions to the academic field; or 
• Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field;

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