Key Takeaways:
- The E-2 Treaty Investor Visa allows nationals of treaty countries to reside in the US and control their investment, but has a limited path to permanent residency.
- The T Visa provides protection to victims of human trafficking, offering a pathway to permanent residency and work authorization.
- Prospective immigrants should understand the differences between the E-2 and T Visas to determine which is suitable for their needs.
When exploring immigration options to the United States, many individuals find themselves comparing different types of visas to determine which best suits their needs. Two such visas are the E-2 Treaty Investor Visa and the T Visa for victims of human trafficking. Here, we provide a detailed breakdown of their differences, pros, and cons to aid in a clearer understanding of both.
E-2 Treaty Investor Visa: Opportunities for Investors
The E-2 Visa allows nationals of treaty countries to reside in the U.S. when they invest a substantial amount of capital in a U.S. business.
Eligibility and Requirements:
- Applicants must be nationals of a treaty country.
- They must have invested or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the U.S.
- They must be seeking to enter the U.S. solely to develop and direct the investment enterprise.
Pros of the E-2 Visa:
- Direct Investment Influence: Grantees have the ability to directly control their investment.
- Long-term Stay: While the visa initially allows for two years of stay, it can be extended indefinitely in two-year increments as long as the business is operative.
- Family Inclusion: Spouses and unmarried children under 21 can accompany the primary visa holder and may apply for work authorization.
Cons of the E-2 Visa:
- Limited to Treaty Countries: Only individuals from treaty countries are eligible.
- No Direct Path to Green Card: E-2 does not directly lead to permanent residency.
- Substantial Capital Requirement: Applicants must make a substantial investment, which varies by enterprise but must be significant enough to ensure the successful operation of the business.
For further information and a list of treaty countries, visit the U.S. Department of State’s Treaty Countries page.
T Visa: Protection for Victims of Trafficking
The T Visa provides a way for victims of severe forms of human trafficking to remain in the U.S. and assist federal authorities in trafficking investigations and prosecutions.
Eligibility and Requirements:
- Applicants must be victims of severe forms of trafficking, which includes sex trafficking and labor trafficking.
- They must be physically present in the U.S. on account of trafficking.
- Applicants should comply with reasonable requests for assistance in the investigation or prosecution of acts of trafficking, unless they are under the age of 18 or unable to participate due to physical or psychological trauma.
- They must demonstrate extreme hardship involving unusual and severe harm if removed from the U.S.
Pros of the T Visa:
- Pathway to Permanent Residency: T Visa holders may adjust their status to lawful permanent residency after three years or upon completion of the investigation or prosecution, whichever occurs earlier.
- Work Authorization: Recipients are eligible for employment authorization in the U.S.
- Family Member Inclusion: Some family members might be eligible for derivative T status.
Cons of the T Visa:
- Annual Cap: There is an annual limit of 5,000 T Visas for principal applicants, excluding immediate family members.
- Stringent Requirements: Applicants must be able to substantiate their claims of being victims of trafficking, which may require substantial evidence and legal effort.
- Certification by Law Enforcement: Cooperation with law enforcement is a requirement, which may not always be possible or safe for all applicants.
For more details on the T Visa, visit the U.S. Citizenship and Immigration Services page on the T Nonimmigrant Status.
Both visas serve specific purposes and cater to different needs. The E-2 visa is better suited for investors from treaty countries who have the resources and desire to run a business in the U.S., whereas the T Visa is a critical tool for providing relief and safety to individuals who have suffered from the grave injustice of human trafficking, allowing them to rebuild their lives with dignity and support.
In conclusion, understanding the nuances between the E-2 and T Visas is crucial for individuals to make informed decisions about their immigration pathways. This Visa Comparison Guide aims to shed light on the options available, helping prospective applicants evaluate which visa category aligns with their situations and long-term aspirations. Those considering these visas should consult with an immigration attorney or check the official U.S. immigration resources for the most accurate and updated information.
Still Got Questions? Read Below to Know More:
I’m planning to invest in a U.S. startup. Does it matter what country I’m from for the E-2 Visa, and where can I check if my country is eligible
The country of origin is indeed significant when it comes to applying for an E-2 Treaty Investor Visa in the United States. Only nationals from countries that have a treaty of commerce and navigation, or a bilateral investment treaty providing for nonimmigrant entries with the U.S., are eligible to apply for an E-2 visa. This means that if your home country does not have such a treaty with the United States, you unfortunately wouldn’t be able to apply for an E-2 Visa based on investment in a U.S. startup.
To check if your country is eligible for an E-2 visa, you can visit the U.S. Department of State’s Treaty Countries webpage. Here’s the link where you can find the complete list of countries that have treaties with the U.S. that allow their nationals to apply for the E-2 visa: U.S. Department of State – Treaty Countries.
Remember, aside from being a national of a treaty country, there are other requirements you must fulfill for the E-2 visa application. These include making a substantial investment in a bona fide enterprise in the U.S., intending to enter the United States solely to develop and direct the investment enterprise, and being able to prove that the funds have not been obtained in a lawful manner. It’s important to consult with immigration experts or legal counsel to navigate the requirements and the application process effectively.
Will my spouse still be able to work in the U.S. if I’m in the country with an E-2 Visa, or do they need their own work permit
If you are in the U.S. with an E-2 Treaty Investor Visa, your spouse is eligible to work in the United States. They do not need to obtain their own work permit independent of your E-2 status. However, they must apply for work authorization by submitting Form I-765, Application for Employment Authorization, to U.S. Citizenship and Immigration Services (USCIS). Once approved, they will receive an Employment Authorization Document (EAD), sometimes known as a work permit, which allows them to work in the United States for any employer.
Here’s a simplified breakdown of what your spouse needs to do:
– Your spouse must be legally in the U.S. under E-2 dependent status.
– They need to file Form I-765 with USCIS and pay the applicable fee.
– Upon approval, they will receive the EAD.
It’s important to note that the EAD has an expiration date and it’s essential to apply for renewal before it expires to continue working legally in the U.S.
For official guidance and the latest forms, you can visit the USCIS website or check out the Employment Authorization Document page directly: USCIS – Employment Authorization Document. Remember, it is always crucial to ensure that all forms are filled out accurately and any required documentation is provided to avoid delays or denial of the work authorization.
My cousin was a trafficking victim and got a T Visa; can I live with them in the U.S. if they’re under 21 and I’m their only family
Yes, if your cousin was a victim of trafficking and received a T visa in the United States, it’s possible for certain family members to join them in the U.S. As the cousin of a T visa holder who is under 21, you may be eligible to apply for what is known as a “derivative” T visa. However, eligibility to apply as a derivative is generally limited to spouses, children, parents, and unmarried siblings under the age of 18. If you are their only family and fall into one of these categories, you could potentially qualify.
Here are the general steps and considerations for applying as a derivative T visa holder:
- Determine Eligibility: Check if you fit into the immediate family member category as defined by U.S. Citizenship and Immigration Services (USCIS). For a T visa holder under 21, eligible family members typically include unmarried siblings under 18, children, and in some cases, parents and unmarried siblings over 18 if there is a risk of retaliation.
Gather Documentation: You will need to provide evidence of your relationship with the primary T visa holder (your cousin), such as birth certificates or family registers. Additionally, the primary T visa holder must agree to your application for a derivative T visa.
Apply: Complete Form I-914, Application for T Nonimmigrant Status, supplement A for derivative family members. Submit the form along with the required documentation to USCIS.
For more detailed information directly from the official source, visit the USCIS page on T Nonimmigrant Status here: USCIS T Visa.
Please note that USCIS considers each case individually and the regulations can be complex. Therefore, it might be advisable to seek assistance from an immigration attorney or an accredited representative to navigate the application process.
If I open a small café in the U.S. with my savings, could that qualify me for the E-2 Investor Visa, or is there a minimum investment amount
Certainly! Opening a small café in the U.S. could potentially qualify you for an E-2 Investor Visa, provided that you meet certain criteria. The E-2 visa is designed for nationals of treaty countries who wish to invest a substantial amount of capital in a U.S. business. While there is no specific minimum investment amount set by law, the investment must be substantial relative to the total cost of either purchasing or establishing the business. According to the U.S. Department of State – Bureau of Consular Affairs, the investment must be:
“…substantial and sufficient to ensure the successful operation of the enterprise.”
The investment must also be in a bona fide enterprise and not a marginal one. A bona fide enterprise is a real, active, and operating commercial or entrepreneurial undertaking producing services or goods for profit. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the investor and their family.
For your café to qualify you for the E-2 visa, the investment should not only be substantial but also meet the following criteria:
- At Risk: Your investment must be at risk for the purpose of generating a return. It needs to be committed to your café venture and subject to partial or total loss if the enterprise fails.
- Control of Funds: You must have control over the funds, and the investment must be irrevocably committed to your business. Loans secured with assets of the investment enterprise are not allowed.
- Generate Significantly More Income: Ideally, the business should be able to generate more income than just to provide a living to you and your family; it should have a significant economic contribution.
You can find more information regarding the E-2 Investor Visa on the U.S. Citizenship and Immigration Services (USCIS) website, and the U.S. Department of State’s E-2 Visa Information page. It is highly recommended to consult with an immigration attorney to assess your specific situation and guide you through the application process.
I’ve been helping the police with a trafficking case but it’s taking a long time; how long do I have to wait to apply for a Green Card with my T Visa
If you’re holding a T Visa in the United States, which is granted to victims of human trafficking cooperating with law enforcement, you are eligible to apply for a Green Card (permanent residence) after three years from the date you were granted T Nonimmigrant status, or upon completion of the investigation or prosecution, whichever occurs earlier. To apply for a Green Card, you must:
- Be physically present in the U.S. for a continuous period of at least three years since the first date of admission as a T nonimmigrant.
- Have maintained good moral character during that period.
- Have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking or demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States.
It is important to gather all necessary evidence and documentation reflecting the above requirements. Here is what United States Citizenship and Immigration Services (USCIS) states:
“If you are a T nonimmigrant, you may adjust status to that of a lawful permanent resident if you have been physically present in the United States for either:
a period of at least 3 years since the date of admission as a T nonimmigrant; or
a continuous period during the investigation or prosecution of acts of trafficking, provided that the Attorney General has determined that the investigation or prosecution is complete, whichever period is less.”
Remember to prepare your Form I-485, Application to Register Permanent Residence or Adjust Status, and follow the instructions provided by USCIS. For further information and resources, you can refer to the official USCIS page for Green Card for T Nonimmigrant Victims: uscis.gov/green-card/other-ways-get-green-card/green-card-t-nonimmigrant
Lastly, if you have questions or need assistance during the application process, consider reaching out to an immigration attorney or an accredited representative of a recognized organization.
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Glossary
- E-2 Treaty Investor Visa: A visa that allows nationals of treaty countries to reside in the United States when they invest a significant amount of capital in a U.S. business. The visa is specifically for individuals seeking to develop and direct the investment enterprise. It does not directly lead to permanent residency, but it allows for long-term stay and includes family members.
T Visa: A visa that provides protection and assistance to victims of severe forms of human trafficking. It allows victims to remain in the United States and help federal authorities in trafficking investigations and prosecutions. T visa holders may be eligible for permanent residency, work authorization, and derivative T status for family members.
Bona fide enterprise: A genuine and legitimate business entity that is recognized and operates legally in the United States.
Nationals of treaty countries: Individuals who hold citizenship of a specific country that has a treaty of commerce and navigation or a bilateral investment treaty with the United States. These treaties allow for the eligibility of nationals from those countries for certain visas, such as the E-2 Treaty Investor Visa.
Substantial amount of capital: A significant investment that is considered sufficient to ensure the successful operation of a business. The specific capital requirement varies depending on the nature and scope of the enterprise.
Derivative status: A status granted to eligible family members of the primary visa holder, allowing them to accompany or follow the primary visa holder.
Severe forms of trafficking: The most serious and exploitative forms of human trafficking, including sex trafficking and labor trafficking.
Physical presence: Being physically present in the United States due to trafficking, which is a requirement for T Visa eligibility.
Investigation or prosecution: Assisting federal authorities in the investigation or prosecution of acts of trafficking, providing necessary information or cooperation to aid in legal proceedings relating to trafficking cases.
Adjustment of status: The process of changing from a nonimmigrant status to permanent resident status in the United States.
Annual cap: A limit on the number of visas that can be granted in a specific category within a given year. For example, the T Visa has an annual cap of 5,000 principal applicants.
Law enforcement certification: The requirement for T Visa applicants to obtain certification from law enforcement agencies, attesting to their cooperation and assistance in trafficking-related investigations and prosecutions.
U.S. Department of State: A federal government agency responsible for managing the country’s foreign affairs, including visa policies and international relations.
U.S. Citizenship and Immigration Services (USCIS): A federal agency under the Department of Homeland Security that administers immigration and naturalization services in the United States.
Immigration attorney: A specialized lawyer who provides legal advice and assistance to individuals navigating the immigration process, including visa applications, petitions, and compliance with immigration laws and regulations.
So, whether you’re an investor looking to make your mark in the American business landscape or a survivor seeking protection after a traumatic experience, it’s important to understand the differences between the E-2 Treaty Investor Visa and the T Visa for victims of human trafficking. Each visa comes with its own set of advantages and considerations. For more detailed insights and personalized guidance, don’t hesitate to check out visaverge.com. Trust me, exploring that site will be your visa to discovering a world of immigration information!
