U.S. IMMIGRATION
INTRODUCTION TO INVESTOR VISAS AND GREEN CARDS

YOUR ' E' VISA ORIENTATION

The ‘E’ visa has allowed many who came to the United States with only a little to make a lot through opening their own business. The ‘E’ visa can be applied for while in the United States or through an Embassy abroad, which is not allowed for an ‘L’ application. One of the good things about the ‘E’ visa is that if you are denied by one place, you are able to apply to the other, allowing a new person to examine you case. If you choose to apply in the United States, you need to enter on a B-1 visa, which is a visitor for business visa, and begin finding your company. At this point a change of status can be applied for and you can become an ‘E’ visa holder in the United States. But know that when you first leave the country, you will have to go to an Embassy or Consulate in order to be able to re-enter the country. If you were issued a change of status, make sure that you do not leave the country unless you have contacted your attorney.

If while you are in the United States you decide you would like to stay, you may apply for a Green Card, also known as Permanent Resident or Resident Alien status. This visa permits you to stay in the United States and have the intent to remain and the intent not to remain at the same time. Most visas have a “temporariness” issue, which you will understand as you continue to read. Know that it is almost impossible to get a Green Card for your own company through Labor Certification, which is where you show that there is no one else more qualified for your position than you. Typically, you will either have to look for a job offer (not actual immediate employment) from another business or if you are married, your spouse may seek a job offer and add you onto their case.

Keep in mind that if you are entering on a B-1 you cannot perform labor or manage your company. You are only allowed to set it up, and nothing more. Be aware that if you do more than simply set up your company without having the ‘E’ visa, the work you do is considered unauthorized employment (UE), which can result in a permanent bar from the United States.

Many people use the ‘E’ visa when their H1 visa expires. For example, if you have an H1 visa, but the six-year period for which the visa is given is about to expire, you can begin a company and remain in the country with an E1 or E2 visa.

Since there is not a visa allowing you to retire in the United States, you may apply for the ‘E’ visa if you desire to spend time here, but you must have the intent to return to your original county at some point in the future.

Another issue that may affect some applicants is that they have multiple nationalities. To qualify for an ‘E’ visa, you must submit a nationality from a treaty country. But make sure that if you have more than one nationality to make your entry into the country by passport from the treaty country in which you have nationality status.

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Tomorrow is the result of today's choices—
where will YOU be one year from now?