Coverage of the E category
The E category is especially useful 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 a foreign state or that represents a major investment in the United States. The E visa category was established to give effect to those treaties between the United States and foreign countries that provide for reciprocal benefits to nationals of each country who invest in the other country or who conduct trade between the two countries.
The E visa category can be used for purposes of conducting trade between the United States and the country of majority ownership of the company (E-l), or overseeing investment in the United States (E-2).
Duration of Stay
Although an initial period of stay of two years is granted to persons coming to the United States in the E category, this period can be extended almost indefinitely-as long as the alien affirms that he or she will leave the United States when the period of authorized stay, including unlimited extensions, ends.
E-category aliens do not need to maintain a foreign residence during their U.S. stays, as long as they affirm their intention to leave the United States when their period of stay (plus any authorized extensions) expires.
Alternatives to the E Category
If a company or individual investor or trader does not qualify for treaty consideration, other alternatives are likely to be open in seeking entry to the United States, either to establish a new company or to service an established one. Probably the most useful category for a company engaged in trade with or an investment in the United States, but which cannot qualify under a treaty, is the L-1 visa category for intra company transferees. This category is useful even for small investors seeking to set up a company in the United States.
Large companies with established subsidiaries or affiliates in this country can also make use of the L-I and B-1 categories, and can also bring to the United States skilled professionals, including some business executives, in the H-IR visa category for temporary workers in “specialty occupations.”
Family Members of the E Visa Holder
Family members of the E visa holder are entitled to enter the United States with the visa holder. Included in this category are the spouses of the visa holder, as well as minor unmarried children under the age of 21. Once children attain the age of 21 or get married, they are no longer eligible to remain in the United States in treaty status.
Nonimmigrant and his or her dependent spouse, the I-94 cards of both the principal nonimmigrant and the spouse should be provided. Applicants should also submit a copy of the petition approval notice of the E-1 or E-2 principal to assist in verifying status. (If a petition was previously bled with the USCIS). Finally, BAD applicants must submit:
- Two full-face, passport-style photographs
- The filing fee of $175 in a check
Money order made out to the “Department of Homeland Security.” Dependent spouses of E non immigrant’s will be authorized to accept employment for the period of admission and/or status of their spouses not to exceed two years. Dependent spouses may me the Form I-765 concurrently with an extension of stay application, Form I-539. In these cases, the application must be med with the California or Texas Service Center, as appropriate (current rules require that all extension of stay applications med on behalf of E non immigrants be submitted to the California or Texas Service Centers). The Service may take up to 90 days to adjudicate the I-765 application. After 90 days, if the applicant does not receive the BAD, he or she may go to a district office and apply for an EAD valid for a period of 240 days, issued under current guidelines for interim employment authorization.
If you have any questions, our office in Wani & Associates will be happy to help you explain the J1 Visa program requirements. Please feel free to Contact Now: 1-866-755-9264 .For more detailed information then come our website: http://www.wanilaw.com/