Please note that articles are NOT legal advice as there is no Attorney-Client Relationship established between yourself and Wright Muir, P.A. Please also note that the information below is subject to possible change in the immediate future pending changes in law, regulations, and USCIS procedures.
Visas for International Traders and Investors
South Florida is a hotspot of international trade and investment, and the E visa is an excellent visa for international traders and investors. The E visa 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 is available if a "treaty of commerce and navigation" or a "bilateral investment treaty" is in existence between the United States and the foreign state (except in the case of Sweden and Australia, which are covered even without a treaty).
The E visa category can be used for conducting trade between the United States and the country of majority ownership of the company (E-1 Visa), or overseeing investment in the United States (E-2 Visa), by many different types of companies, from one owned by a single investor to a large multinational corporation, and by the company's principals or by its employees, as long as they are engaged in functions approved by the applicable rules. Although an initial period of stay of two years is given to individuals coming to the United States with an E visa, this period can be extended almost indefinitely—as long as the foreign national affirms that he or she will leave the United States when the period of authorized stay, including unlimited extensions, finishes.
If a company or individual investor or trader is not eligible for an E-Visa, there are alternative visas available for those desiring to enter the United States with the goal of either establishing a new company or to service an already established company. Arguably the best visa category for a company seeking trade or investment in the United States, but which cannot qualify under a treaty, is the L-1 visa category for intracompany transferees. The L-1 visa is beneficial even for intermediate and smaller-scale investors who have the goal of establishing a company in the USA.
