Q & A July 17, 2005Q & A 1. E-2 Investors from Canada Questions on Eligibility and ProceduresMeng Reader from San Diego asks: My son and his wife are citizens of Canada. They are planning to
come to California opening a small business (for example, small
convenience store or gas station, etc.) Dear reader: 1 As your son and his wife are Canadian citizens, they may be eligible for E-2 treaty investor visas to do business and live in the U.S.. The E-2 is a non-immigrant visa, but individuals from treaty countries are able to remain in the U.S. for long periods of time pursuant to its provisions. (Some have even been here for 20 years). If your son and his wife wish permanent residence through investment, they would have to meet the basic requirements of an investment of $500,000 or $1 million depending upon whether the area of investment is rural or urban and whether the rate of unemployment is or is not 150% of the national average and the investment is able to hire at least 10 U.S. workers not immediately related to the investor. (Please note that there are exceptions to the rule of hiring 10 U.S. workers for the green card program, but they will not be discussed here as the reader's questions focus more on what the applicants can immediately do to live and work here). An E-2 nonimmigrant visa does not have such requirements, but the amount should be commensurate to the type of investment and the investment itself should promote the hiring of U.S. workers. For example, the amount of money to invest in a convenience store would be less than that required for a shoe factory. 2 Your son and his wife must set up or buy a business in the U.S. and then make an application for change of status if they are in the U.S. in another category and wish to change of status to E-2, or if out of the U.S., they can apply for the E-2 visa at the American consulate in Toronto. If they change status in the States but leave the country afterwards, they would have to be visaed for the E-2s in Toronto before coming back to the States the first time. Other limitations on the E-2 are that they would not be allowed to work in any other capacity, although they could change their investment upon properly notifying the U.S.C.I.S.. Also an E-2 investor cannot properly be sponsored by the investment business under a labor certification because the investor is not a worker, but an owner. 3 Upon attaining the E-2 status, your son ( if he is the principal E-2 investor) would be allowed to obtain a valid driver's license as he would have a valid working status. Any dependents would not be allowed a drivers license under the just passed Real ID Act until they have employment authorization. Such permission for E-2dependents can be obtained from the U.S.C.I.S. upon filing an I-765 employment authorization request. 4 Generally the same rules that apply above for obtaining a driver's license apply for attaining Social Security numbers.
|
Copyright © 2003 - 2005 Alan Lee, Esq. |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |