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EXPERTS IN U.S. IMMIGRATION LAW
PROUDLY SERVING THE IMMIGRANT COMMUNITY FOR 30 YEARS
Login | Monday, February 06, 2012

E VISAS

Many Japanese in the U.S. have E visas because they work for Japanese owned companies. If the company is the result of a substantial investment by Japanese nationals, it is classified as E2. If the company is engaged primarily in trade between Japan and the U.S. (at least 50%) it is classified as E1.

If the company’s trade becomes less than 50% between Japan and the U.S., they must file for E2 classification.

To qualify, the applicant must be either an executive, high level manager or must possess “essential skills”.

Many Japanese who open their own businesses in the U.S. obtain these E visas. Various tests are applied by the government including a “marginality test” and a “substantiality test”. The bottom line is that these visas (especially the E-2) are not for self-employment and the larger the number of employees at the company, and the greater the amount of the investment, the greater is the likelihood of approval.

Spouses of E visa holders get the same visa and are authorized to work in the U.S. once they obtain an EAD card. They do not have to show any special qualifications for the EAD approval. Unfortunately, this employment eligibility does not apply to their children.

E VISAS

Many Japanese in the U.S. have E visas because they work for Japanese owned companies. If the company is the result of a substantial investment by Japanese nationals, it is classified as E2. If the company is engaged primarily in trade between Japan and the U.S. (at least 50%) it is classified as E1.

If the company’s trade becomes less than 50% between Japan and the U.S., they must file for E2 classification.

To qualify, the applicant must be either an executive, high level manager or must possess “essential skills”.

Many Japanese who open their own businesses in the U.S. obtain these E visas. Various tests are applied by the government including a “marginality test” and a “substantiality test”. The bottom line is that these visas (especially the E-2) are not for self-employment and the larger the number of employees at the company, and the greater the amount of the investment, the greater is the likelihood of approval.

Spouses of E visa holders get the same visa and are authorized to work in the U.S. once they obtain an EAD card. They do not have to show any special qualifications for the EAD approval. Unfortunately, this employment eligibility does not apply to their children.

For more information about our location, staff, goals, services, expertise, and business network please visit our other NY Immigration Lawyer website.

For more information about our location, staff, goals, services, expertise, and business network please visit our other NY Immigration Lawyer website.

 

The contents of this site will not constitute legal advice.

The contents of this site will not constitute legal advice.


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