Feature articles, Edited by Terik Hashmi
In next installment of “Law Instruction Series” immigration attorney Terik Hashmi publishes articles on E treaty visas
In the “Law Instruction Series,” Terik Hashmi explains issues of US immigration in easy-to-understand format. The newest issue discusses E-1 and E-2 visas. However, such information is not legal advice; legal advice requires a specific set of facts and law that should be reviewed and analyzed by a qualified attorney.
The newest article in the “Law Instruction Series” of immigration attorney Terik Hashmi is now available. Mr. Hashmi created the “Law Instruction Series” based on his decades of hands-on experience, including immigration litigation. It is published on his blog at https://terikhashmi.blog/
The “Law Instruction Series” explains fundamental issues of US immigration in easy-to-understand format, for practitioners as well as anybody interested in the subject. However, such information is not legal advice; legal advice requires a specific set of facts that should be reviewed and analyzed by a qualified attorney.
“E-1 and E-2 are fundamental to business relations with other countries, and open the doors to those who trade with the U.S. or invest here. Most importantly, the E-1 and E-2 avoid USCIS and instead process through the respective US consulates. Filing a petition at USCIS, such as for an L-1, can lead to delays or one of those dreaded ‘Requests for Evidence’ (RFE),” explains Terik Hashmi.
The E-2 Treaty Investor Visa, a non-immigrant visa classification, allows a national of a Treaty Country (a country with which the United States maintains a Treaty of Commerce and Navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.
To qualify for E-2 classification, the treaty investor must satisfy the following conditions:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. A substantial amount of capital is defined as:
- Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
- Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Finally, Mr. Hashmi cautions readers that “such general guidance is not actionable legal advice in specific cases. For that, one must consult with an attorney qualified in such matters.”
About Terik Hashmi
Mr. Terik Hashmi possesses over 25 years of experience in all aspects of US Immigration & International Law. He has dedicated his life’s path to become a true champion of both Human and Immigrants’ Rights, and has represented the entire spectrum of clients, from Individual to Business, to Investor, to Former Head of State. Mr. Hashmi has always been at the forefront of the field in terms of Education, Training and Experience.
Website: https://internationallawupdate.org/
Terik Hashmi. Esq.