07/25/2023
Applying for Entrepreneur & Investors E Visas (E1/E2) ? Be Aware of recent law change !
Are you in the process of or considering to apply for an E1 or E2 Entrepreneur/Investor Visa ? If you are, then you need to read and really consider what I am about to share with you below !
As of the end of 2022 the US government amended its law (Section 101 (a)(15)(E) of the Immigration and Nationality Act (INA)) concerning these visas. This amended section has now further defined the eligibility criteria for E Visas as to how an applicant obtained their nationality status of of one of the 80+ countries (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html) that qualify for the E Visas ( qualifying nationality status). What means that if you are national/citizen from one of the qualifying countries you “may be asked” to provide additional documents showing how you obtained your citizenship/national status - by birth, marriage, immigration status conversion, or financial investment (essentially meaning “purchased”). My recommendation, if your eligibility in view of the change is not already clear from your documentation, it would be wise to provide such documents anyways upon application - do not wait to be asked.
For those you who have your qualifying status/nationality under any of those categories except the last, financial investment, the amended law should not be a big issue. However, for those individuals who acquired citizenship/nationality through a particular E Visa country’s investment program (i.e., Grenada, Austria, Ireland, Spain, Turkey, Latvia, Greece, etc.), the US immigration service (USCIS) may require additional documentation to show that the applicant has been domiciled in the treaty country indicated in the application for a continuous period of at least 3 years at any point before applying for the E Visa. This would also apply to the spouse and children of any such applicant if accompanying or following to join the applicant.
If you have any concerns or further questions regarding this recent change in the criteria for eligibility for the either the E1 or E2 visa, you should at the earliest contact and make an appointment to consult with a qualified immigration attorney in this area of US immigration law.