E-2 Visa – Did You Know?

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E-2 Visa – Did You Know?

Some Interesting E-2 Visa Facts that May Help You:

Dual Nationality

In a scenario where an owner of an E visa company is a “dual national” (national of 2 or more countries), the owner must choose only one nationality for the business. The point is that if the owner wants to bring over employees using the E-2, the employees can only be from one of the owner’s nationalities.

For example, if the owner is Canadian and British, the owner must choose one of his nationalities as the nationality associated with the business. Once the nationality is chosen, the owner can only bring over nationals of the same nationality associated with the business.

50/50 owners and they have different nationalities

When a company is equally owned and controlled by nationals of two different treaty countries (50/50 ownership), employees of either nationality may obtain E visas to work for the company.

Duration of the E visa stamp

The E visa stamp, issued by a United States Embassy or Consulate, is typically issued for a period of up to 5 years. Remember, a visa stamp is what is used to request entry to the United States in a specific status.

Duration of the E visa status

When using a valid E visa stamp to request entry to the United States in the E visa status, CBP should admit you for a period of up to 2 years. This can be confusing since the stamp is valid for 5 years. If nearing the end of your 2-year duration and you still have a valid E visa stamp, you would merely need to leave the United States and re-enter to obtain a new 2 years of status. The duration of the 2-year status can end after the validity of the actual visa stamp.

For example, if your 5-year visa stamp expires on June 15, 2012, and you use it to enter the United States in the E status on June 14, 2012, you should be admitted for a 2-year period despite the fact that your visa stamp is expiring the next day.

E-2 Holder’s Spouse & Children

As discussed above, an E-2 visa holder’s spouse and children may apply for E visas as dependents. The dependent spouse may work after applying for work authorization in the US, whereas the children are not permitted to work. All dependent visa holders are allowed to study without changing their status to student status.

Maximum period in E-2 status

The O-1 can be obtained for up to a 3 year period for each application. Technically speaking, the E-2 visa may be renewed indefinitely as long as the business associated with the E visa is still in existence.

E-2 quota

Unlike the H-1B visa, there is no quota or limitation on the number of E visas that may be issued.

E-2 wage requirement for Essential Employees or Supervisors/Executives

Unlike the H-1B visa, there is no minimum wage requirement connected with the employment of essential employees or supervisors/executives who come over using the E visa.

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