The United States of America is a very popular vacation destination for many people from around the world and a country many people see as the land of opportunity.
We all have the idea of living the American Dream. In 1931, James Truslow Adams was the first to express the American Dream as the “dream of a land in which life should be better, richer and fuller for every man, with opportunity for each according to ability or achievement.” According to the Dream, coming to the United States includes the promise of prosperity for the people willing to take the giant leap.
While I truly believe that everything is possible in this country, investing in the United States also means complying with a strict procedure with various authorities. It is very important get help with application filing from experts and to apply for the appropriate visa before coming to the United States of America.
There is a wide range of non-immigrant visas frequently used for global mobility assignments. The E-visa category is the most commonly used by Jamaican investors. The E-visa category, also known as Investment visas is designed for business owners, managers, and employees who need to remain in the United States for extended periods of time in order to oversee or work in an enterprise engaged in trade between the United States and their home country or that represents a major investment in the United States.
E-visa status is available to individual investors with a majority ownership interest, as well as to the employees coming to work in either a supervisory role or a position involving skills essentials to the venture.
There are three basics elements required for the E-visa category to be used.
(1) A treaty must exist between the United States and the Country. Such a treaty exists between another country and the United States conferring E-visa to Investors.
(2) At least 50% ownership or control of the investing or trading company must be held by nationals of other countries.
(3) Home country citizenship must be held by each employee or principal of the company who seeks E-visa status under the treaty.
If the E-visa is used for purposes of conducting trade between the United States and the country of majority ownership of the company, it will be an E-1 visa. However, if the investor wishes to oversee investment in the United States then, he/she will apply for an E-2 visa.
The E-1 visa for traders requires proof of substantial trading activity between the United States and the treaty country. Therefore there are special requirements in addition to the three basics elements of the E-visa category. The trader seeking for an E-1 visa status will have to prove that:
(1) The trading company is engaged in trade. Trade should be understood in a broad sense. The trade can involve the exchange, purchase, or sale of goods or services.
(2) The trade is substantial. The level of trade can be measured by volume, value and frequency.
(3) The trade is principally between the United States and the home country.
(4) The employee or principal serves the company in a specified capacity: either managerial or involving “essential skills.” The skill must be essential to the company’s operation which means that the employee seeking for E-1 visa should be highly trained technician familiar with the company’s products or performing the manufacturing, maintenance or repair of the product.
The E-2 visa requires proof of substantial capital investment that has either already been made or that is in the process of being made when the visa is requested. Therefore there are special requirements in addition to the three basics elements of the E-visa category. The investor seeking for an E-2 visa status will have to prove that:
(1) He/she is making an irrevocable and active investment. The investment must be made in a real operating enterprise. The investment cannot be only speculative.
(2) The investment is substantial. No minimum value threshold is set for the investment. The amount is measured in relation to the total cost of the US business.
(3) The investment will lead to job creation in the United States. It is not enough that the investment will only help the investor to support his/her family.
(4) He/she has a key role in the enterprise. He/she is a qualified manager or specially trained and highly qualified employee necessary for the development of the investment.
The E-visa is granted for an initial period of two (2) years. However, this period can be extended almost indefinitely.
When the immigration process may seem to set obstacles along the way, discouraging investors from making their dreams come true and despite the current economic situation, the United States still represent the biggest market in the world and many areas such as biotechnologies, communications and aerospace should be very attractive to investors. Investing in the United States is a great way to live and achieve your dreams with open eyes.
