E2 Visa Popularity Set to Rise
With the Trump Administration’s latest Executive Order set to take effect on June 24, 2020 limiting entries of L1 and H1B visa hopefuls, the E Visa is about to get its time in the lime-light. This so-to-be popularity is actually well deserved as discussed in depth in our prior E Visa article. The E2 Visa can provide nationals of E Visa treaty countries with a fantastic U.S. immigration option to enter as an Investor, Executive, Supervisor, or Essential Employee. If a U.S. company is able to qualify as controlled and ideally majority owned by nationals of a treaty county then this is an amazing opportunity.
Note also that there may be creative ways to consider establishing new entities through which to allow essential workers to enter the U.S., perhaps even to deliver consulting services. The E1 visa might also provide solutions here as the required trade that must occur can be service oriented in nature.
With the Executive Order now forcing the hand of many employers and prospective employees, trying to find options through which to enter the U.S. the E Visa along with the O1 Visa and a few others now take center stage. While some will feel that considering the E Visa, the O Visa, and some non-typical options (even the B-1 in Lieu of H-1B) is a stretch and not ideal, we believe that this is an opportunity to understand additional options that should make up every robust best-in-class immigration program. The E Visa provides great flexibility and more in the right situations. Let’s dig in a bit.
Why the E Visa?
The E Visa is often more flexible than various other U.S. immigration options. It is often considered by entrepreneurs as it is the closest that the U.S. has to an entrepreneur visa however it is much more than that. The E Visa, including both the E1 and E2 visa options are sometimes overlooked as lawyers and individuals seem to defer to the more widespread L1 Visa when trying to bring in executive, managerial, or specialized knowledge employees.
There is much that is misunderstood about the E Visa as far fewer lawyers are versed in E1 or E2 practices. The E Visas have various unique aspects that need to be understood. Although the same core rules apply, how each U.S. Consulate prefers applications to be prepared and submitted plays a large role in successful E Visa processing. Further, the E Visa is unique in that it is submitted to and processed directly at qualifying U.S. Consulates and does not require processing within the U.S. via USCIS. Not only does the E Visa satisfy all the typical L1 Visa positions including executives, managers/supervisors, and essential/specialized knowledge workers, it also creates opportunities for E Visa Investors.
Although nuanced, if properly understood and utilized, the E Visa often provides more flexibility and an overall smoother processing path for applicants. Of course standards and challenges vary per Consulate but taken as a whole E Visa applications are more straightforward.
Accordingly, the E visa, in particular in light of President Trump’s recent Executive Order to halt the entry of L1 Visa holder, makes the E Visa worth considering. Below we highlight some E Visa considerations.
What Makes the E Visa Worthy?
So what are some of the most attractive features of the E2 Visa, often used by entrepreneurs with business ideas to pursue in the U.S., but which also provides solutions for treaty country owned entities wishing to send executives, supervisors, or essential employees to the U.S.?
The E1 and E2 visa can be obtained relatively quickly as it is not processed by the U.S. Citizenship and Immigration Services but instead is directly submitted to a U.S. Consulate.
The essential employee category is often easier to satisfy that the related L1B specialized knowledge visa option, focusing on the time period of the essential need and the background of the E2 visa applicant.
At some Consular posts it is possible to prove that an entity qualifies as an E2 company, thereby becoming a registered company. This then allows E Visa applicants, such as essential employees, to avoid having to prove these ownership elements again each time an application is submitted. In some ways it is similar to an L1 ‘Blanket’ Visa without having to go through the process of applying for this with the USCIS.
The E2 visa, unlike the H1B and L1 visa, has not been subject to very much additional scrutiny since the Trump Administration’s ‘Buy American Hire American’ pledge made in 2017 and now again the E Visa has escaped the June 22, 2020 Executive Order.
The E visa does not have a cumulative lifetime maximum period of allowable stay in the U.S. such as the L1A does with the applicable 7-year cumulative limit and the L1B (for specialized knowledge individuals) which carries a 5-year maximum. Therefore the E visa can be extended indefinitely.
The E visa can often be ‘extended’ merely by traveling outside of the U.S. and re-entering along with certain critical documents to prove the ongoing nature of the business and duties.
E visa dependents are allowed to apply for work authorization in the U.S. just as L visa dependents can.
Is the E1 or E2 Visa an Option for our Company?
This is definitely worth exploring with experienced counsel. To speak with experienced corporate immigration counsel please contact us here. Thank you!
Disclaimer: The information provided here is not legal advice and does not purport to be a substitute for advice of counsel on any specific matter. For legal advice, you should consult with an attorney concerning your specific situation. Legal standards and rules often change.