E1 and E2 Visas and the differences between EB-5 investor visa.

Today, much is asked about the existing alternatives in order to emigrate to the United States. Venezuelans particularly seek those available and feasible alternatives not only in terms of requisites to fulfill but in economical terms as well since the process of a non-immigrant visa to the US can be costly.

The E1 and E2 visa are available for citizen of those countries that have a trade treaty with the United States and also fulfill other requisites established by the law whether it is exporting products from the country of origin with whom US has the treaty (For E1 Visa) or investing a substantial capital in an existing business or a new one in US (For E2 Visa). It is important to point out that this visa IS NOT available to Venezuelan citizen since there hasn’t been a commercial treaty between Venezuela and The United States. However, those Venezuelan citizens with double citizenship (Italian, Spanish, Ecuadorian) of a country with a treaty can qualify for such visa. Citizens from countries like Argentina, Nicaragua, Ecuador and Colombia are eligible to present their request for a E Visa as long as there are commercial treaties between those countries and the United States as long as all necessary requisites are fulfilled. E Visa is granted for periods of 2 and 5 years and can be extended as many times as necessary as long as the citizen keeps fulfilling the requisites. The spouse and children of the E Visa applicant obtain the same status. The E-2 Visa is not granted to an individual that consumes an “investment” in property or real estate. This is not considered an investment for the purpose of getting a Visa.

The E-2 Visa can’t be confused with the program for investors EB-5. In some cases, both are known as Visa for investors. However, the EB-5 program grants the conditional permanent residence for a period of 2 years to those individuals that qualify after investing 1 million dollars in a new business or half million dollars thru a “Regional Center.” At the same time, it is a requisite to create 10 direct and indirect employments and fulfill all requisites in order to be a legal permanent resident. After two years, the fulfillment of the requisites is assessed in detail and the individual can request the removal of his conditions to his permanent residence to become a legal permanent residence along with his spouse and under age children. This program entails a complex assessment process, not only legal but also a detailed economical analysis.

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