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Temporary Investor Visas

Temporary Investor Visas

Temporary Investor Visas

This classification allows citizens of certain countries to engage in activities as a treaty trader, a treaty investor, or as an employee of a qualifying E visa entity.

E status may be valid for up to two years, and E visas are issued for up to five years. The foreign national may apply for new E visas or E extensions as long as he or she continues to engage in appropriate treaty activities through the E visa entity. Dependent spouses and minor children of E visa holders also get E status. Dependent spouses are eligible to apply for employment authorization.

E-1 Temporary Trader

This classification is for those that engage insubstantial international trade of goods, services, or technology between the treaty country and the United States. 

E-2 Temporary Investor

This classification is for those who direct and develop a business in which the investor has either already invested or is in the process of investing. Generally, the requirements are that you direct and develop an investment enterprise, where the investment is real (at risk of loss, irrevocably committed, and possessed and controlled by the investor),substantial, and bona fide. There is no minimum investment, but it must be proportional to what the business needs to operate.  

E Employees

E employees are executives, supervisors, or essential 

International Entrepreneur Parole

The current administration is fighting to remove this option, but is still an option at this time. This option allows startup investors to be allowed to enter the U.S. under parole. This is not a visa and does not require a visa application. Parole can be granted for an initial period of 30 months, which can be extended for an additional 30 months upon proof that the parolee will continue to provide a significant public benefit based on his or her role in the startup.

You must prove that the petitioning startup company exists, and that it was created within the five years prior to filing. An investment of at least $250,000 by a “qualified investor” was made into that business or the startup received a “qualified government grant or award” of at least $100,000 from a government agency. If the investment capital or grant threshold cannot be met, the applicant can try in the alternative to establish compelling evidence showing a substantial potential for rapid growth and job creation. A qualified investor must have invested a total of at least $600,000 in startups in three different calendar years (within the preceding five years), and at least two of the startups must have created at least five qualified jobs or generated at least $500,000 in revenue with average annualized revenue growth of 20 percent or more. The applicant must own a minimum of 10 percent of the startup company. Your household is required to have an income or above 400% of the federal poverty guidelines. This means that in 2019 a household of two, for example, must maintain earnings at $67,640 or above to continue to qualify for entrepreneur parole (with an additional $17,680 in household earnings required for each additional household member).

No more than three entrepreneurs can gain parole based on the same startup entity.

Your spouse and children must qualify for parole independently from the entrepreneur. This to say they have to show documentation of the familial relationship with you. As a practical matter, spouses and children of entrepreneurs will likely be granted parole if the entrepreneur is granted parole. Spouses will be authorized to work but must apply for an employment authorization document

USCIS has broad authority to terminate your parole, this should be a temporary option whenever possible. A grant of parole should be used as a platform from which to make a case for a different classification