Overview to Treaties
A treaty is a written and formal agreement between sovereign states or between international organization and states. If we specifically talk about the United States, the treaties are negotiated through the executive branch i.e. the Department of State. On acceptance of the treaty by the negotiators, the U.S. treaty representative forwards it to the U.S. Senate for the approval or endorsement. After the agreement, it goes back to the treaty country for signatures.
The main objective of the treaty is to promote and encourage the international relations, trade, peace, reparation, independence, human rights, immigration and many others. With the requirement of time, the objective of the treaty varies. The treaty gives individuals and companies the opportunity to obtain work and visas in the U.S. state to direct and develop their business enterprises and investments. These visas are known as ‘E-visas.’
What are E-Visas?
The electronic visas or e-visas are an official document allowing an individuals or company to either enter or travel within the United States. There are two types of electronic visas, namely E1 and E2 visa. They both are available to citizens and companies of foreign countries that have signed a treaty of navigation and commerce or a bilateral investment treaty for the non-immigrant entries of the United States. Only qualifying locals and companies can get this electronic visa. Let’s have a look at the types of E-visas.
· E-1 Visa – Treaty Traders
If you want to know how to renew E2 visa, you need to understand what E1 visa is. The E-1 visa is considered the ‘treaty trader’ visa. It is specially designed for foreign business owners, employees, business managers who are required to stay in the U.S. for a long period of time to manage or work for an enterprise that is engaged in trade between the United States and the specific treaty country which qualified for the treaty trader E1 designation.
Furthermore, there are certain factors on the basis of which the country gets qualification. Once the country is qualified, the volume should also be subsequent for the commerce and trade to manage the business and commerce. However, there is no minimum requirement for the level of trade but the investment should not be less otherwise they will be unable to meet the criteria for the trade.
· E-2 Visa – Treaty Investors
Now that you have understood what an E1 visa is, you also need to understand what an E2 visa is, in order to identify how to renew E2 visa. The E2 visa is considered the ‘treaty investors’ visa. It is available to the foreign individuals or companies who are locals or citizens of the treaty country and the wish to enter the United States to direct and develop the operation of a business enterprise in which they have invested or are in the process of investing.
Moreover, there are certain requirements that make one eligible for the treaty investor visa i.e. E2 visa. The foreigners should invest substantial amount of capital in the business and they should meet the specific criteria for the trade in order to seamlessly direct and develop a business. In case they do not invest subsequent amount of capital, they will not be permitted to run the business in the United States.
If you want to know how to renew E2 visa, you must keep in mind that E1 and E2 visas are based on different treaties. On the basis of the treaty country, the foreign citizen or company is given visa. If you are wondering how to renew, E2 visa, remember that The Bilateral Investment Treaties (BIT) permit for E2 treaty investor status only.
On the contrary, the ones who are wondering how to renew E2 visa, should remember that the Free Trade Agreements such as NAFTA or Fast Track permit for both the types of visas, E1 and E2 visa. For instance, a Canadian or Mexico citizen need not worry, they will be considered eligible for both the visas because of the North American Free Trade Agreement (NAFTA) between the United States and those countries. While the local or company of Tunisia will only qualify for an E2 visa due to the treaty between the United States and Tunisia is based on Bilateral Investment Treaties (BIT).
Are You Pondering ‘How to Renew E2 Visa?’ Consider the Features of E2 Visa First!
There are many individual and companies who want to settle in the golden states of the United States. Most of them have also qualified for the treaty investor visa. But there is a certain time limit for I i.e. of about 2 years, due to which it gets expired. As a result, most of them ask, ‘how to renew E2 visa?’ But prior to understanding, how to renew E2 visa, you must first consider and understand the features or characteristics of the E2 visa. If you do not understand them clearly you will not be able to understand, ‘how to renew E2 visa?’ So let’s have a look at those features.
· Feature # 1: No Immigration
The ones who want to identify, how to renew E2 visa, should first understand about the immigration. The individuals or companies are required to go through certain technicalities during immigration. But an E2 visa fives them peace of mind and gives them the authority to enter the United States without any immigration process. But always make sure that you take guidance from your local immigration laywer in this regard.
· Feature # 2: Renewal of E2 Visa
If you want to learn the core of the question, ‘how to renew E2 visa?’, understand that you can renew it until you are running and investing in the United States. Once the United States authority i.e. USCIS finds that your business operations are going very well, the business able to support the entire family and generating sufficient profit and establishing credibility in the economy, they renew it. The do keep a strict check on these matters. But if your business is not going very well and does not generate good revenue, they do not consider your renewal application. If you want to learn about the query, ‘how to renew E2 Visa?’ read on.
· Feature # 3: Time Limit
In order to identify, how to renew E2 visa, you should remember the time limit first and its lasting status. This is because, if you are unable to establish your business properly and are unable to build its good image under the prescribed time limit, you will not be able to renew it. Generally, the E2 visa’s status lasts for about two to five years. The time limit depends upon the treaty country’s reputation. You can always get your E2 visa renewed only if the business is able to sustain and create good revenue streams.
· Feature # 4: Primary Investor Visa
In order to understand how to renew E2 visa, you must remember that E2 visas are the primary investor visas. In addition, there is no yearly quota or capital that is the reason behind are infinite in the number available.
· Feature # 5: Investments
Those who want to know, ‘how to renew E2 visa?’ they must also want to know about the investments. Yu require a certain amount of investment for trade and commerce. Similarly, with E2 visas, your investment capital and reserves should at least sum up to either $200,000 or in between $100,000 to $200,000.
Though, there are certain investments that can be made for less than $100,000 that is approved by it is always safe to make investments within the specified limit in order to avoid refusal of E2 visa application. The USCIS recommends individuals or companies to start the business project with minimum three to four persons. They suggest this to because it is easier to handle the business operations with more people. Also, your business can provide more lucrative streams and become more efficiently by involving more people.
· Feature # 6: Lasting of E2 Visa
The foreigners who want to renew their E2 visa and questioning, how to renew E2 visa may also want to know about the E2 visa’s lasting. The lasting of the E2 visa depends on the investments. This means the lasting remains as long as the holder is able to maintain the investments. If you wish to acquire an E2 visa, you must always make sure to place your funds with the agents or the bank. When you give your funds to agents, they ensure to release them upon visa approval or selling of the property and the bank also does the same.
· Feature # 7: The E2 Visa’s Coverage
In order to learn the core of the query, how to renew E2 visa, you first need to see what it covers. The E2 visa grants the opportunity of coverage to the investors including the spouse and the children less than 21 years of age. But as soon the children will turn 21, they will lose the E-visa status and investors will need to file another E2 visa status for their children.
· Feature # 8: E2 Visa’s Increment
The ones who question, how to renew E2 visa, should keep in mind that the E2 visas are issued in five years increments.
· Feature # 9: Extension
The investors should remember that the E2 visa can be extended on request. Generally, it can be extended until the E-visa enterprise operates.
· Feature # 10: E-Visa Enterprise
The E2 visa holders or investors are only required to work for the electronic visa enterprise or just for themselves. The USCIS suggests some of the businesses in their agreement.
· Feature # 11: Taxation and Residence
If you are wondering, how to renew E2 visa?, you must first understand about the residence and taxation in the US. If you have applied for the E2 visa, remember that you do not have to live in the United States which is why individuals or companies having E2 visa status enjoy the opportunity of not giving taxes.
· Feature # 12: Study
The investors who have qualified for the E2 visa have the benefit of studying in the United States. The USCIS allows them to reside as well as study in the state. But the entire investment for the studies depends on the investor themselves as well as their studies should not affect their business operations and generate good revenues.
Here are the Requirements for E2 Visa | See If You Qualify for the E2 Status or Not?
If you are wondering how to renew E2 visa, you must keep in mind that there are certain requirements for every visa. Similarly, E2 visas also have some requirements. On the basis of those requirements, an investor becomes eligible for the E2 visa. Let’s have a look on those requirements for the E2 status and see if you qualify for the E2 visa or not.
- The treaty investor is allowed to work in the United States by making a substantial amount of investment.
- The investor can form a treaty with the country and maintain the business with good revenue streams and makes investments to the government.
- The treaty investor is only required to work for the United States employer or self-owned business that is the E2 visa sponsor.
- Initially, when investors or employees get a visa, they last up to two to five years depending upon the visa reciprocity agreement between the treaty country and the United States. Also, it depends on the validity of the business. Though, the one who about how to renew the E2 visa, they must keep in mind that the new companies receive shorter validity periods.
- The investors and their family members are allowed to extend their electronic visa’s status if they wish to stay in the United States for longer time period.
- The spouse or investor can apply for the work permit but not the children. They can do this once they are physically present in the United States.
- E2 visas are available to minors, spouse or unmarried children.
How to Renew E2 Visa?
Most of the individuals and companies qualifying for the E2 status do get the E2 visa, but they it last from two to five years only. This limit seems less to them. As a result, they often question, how to renew E2 visa. Your applications for the renewal of E2 status should be submitted via e-mail with clear division of tabs. So if you want to learn the core of the question, how to renew E2 visa, you must read to this section carefully.
· Tab A: Introduction Letter
The cover letter that elaborates about the enterprise and the beneficiary should address the requirements for the E2 visa qualification. The requirements highlighted in the U.S. Department of the State Foreign Affairs Manual (9 FAM 41.51) are discussed below.
- The existence of the requisite treaty (consider N4)
- The individual or the company possesses the nationality of the treaty country (consider N3)
- The applicant either have invested or in the process of investing (consider N8)
- The enterprise is an operating and real commercial expense (consider N9)
- The investor has invested more than marginal for living (consider N11)
- The investment of the applicant is subsequent (consider N10)
- The applicant has a position to develop and direct the enterprise (consider N12)
- In case the applicant is an employee, they must have supervisory or executive position (consider 14)
- The potential investor should depart the United States as soon as their E2 visa’s status expires (consider N15)
· Tab B: Forms
The E2 visa has certain requirements in order to obtain the renewal of E2 visa. Let’s find them out below.
- Applicants are required to complete the entire visa application form DS-160 online and confirm the sheet and the employees are required to include the form DS-156E. The contact information must also be provided in the forms.
- The fee must be paid on advance prior to interview by the non immigrant investor.
- There should be an agreement between the representative and investor signed by both the parties with phone number and proper email ID.
- In case the applicant is not the investor but an employee, they are required provide a job letter by the company describing their business. Qualifications, job description, and responsibilities of the job applicant.
· Tab C: Application Information
If you want to know more about how to renew E2 visa, you must carefully read the application information’s requirements below.
- The applicant is required to submit a resume or curriculum vitae.
- The statement of intent should be signed in order to leave the United States upon expiry of the E2 status.
- Proof of potential applicant’s ongoing residency of the treaty country is required.
- A copy of either extensions or any changes made for the E2 status granted by the USCIS (consider form I-797)
- The colored copy of the bio data page, applicant’s passport, US visas, US entry and exit stamps and I-94 are required.
· Tab D: Ownership
The ownership for obtaining the E2 visa’s status has certain requirements as well. Let’s find them out below.
- In case the applicant is a company, an article of incorporation for the United States’ business is required.
- The share certificates or the operating agreement also needs to be show to verify the ownership.
- If a large company with several owners or subsidiaries or if the chain has intermediary entities, is applying for E2 status, they need to submit the following.
- Legal proof of instances of ownership within the chain
- The complete organogram of the ownership structure and levels
- Colored copy of the bio data pages of the passports
- If the applicant is a public company having several shareholders and neither of them owns 50%, they are required to include a copy of most recent trading information on shares and a copy of current annual report.
· Tab E: Investment
If you are wondering about how to renew the E2 status, remember that one of the most important parts for the renewal is the investments. So check out the requirements for the renewal of E2 status below.
- If you have any extra business, you need to provide closing documents and purchase agreements.
- In case you took a promissory note, you will be required to submit proof of regular payments.
- If you do not operate the business for which you were approved, you need to submit all the documents that are required for the first time investments.
- You need to submit evidence of major investment if you operate the same business for which you got approval previously.
- If you have submitted funds in escrow at first and this is your first approval then you need to submit all the direct evidence such as cancelled checks, corresponding debits from bank and closing documents to ensure that the money was disbursed to the seller.
· Tab F: Real and Operating
There are certain requirements for the real and operating businesses by the USCIS.
- The business must be in some relevant and local state and has federal licenses.
- It should pay monthly bank statements for the current calendar year.
· Tab G: Marginality
The business should not be marginal and there are some more requirements to it as well.
- You need to submit all W-2 or 1099 forms for the last two years.
- You will be required to show the profit and loss statements for the previous and current calendar years.
- You will have to submit the US tax returns for the past three years including all the statement and schedules. They copies need to be signed and dated but the IRS.
Now that you know how to renew E2 visa, you can apply for the renewal of E2 status and get through the process seamlessly. Good Luck!