The ImmiGreat Podcast by Wilner & O'Reilly

E-1 vs E-2 Visa Explained (Entrepreneur & Investor Visas for the U.S.)

Wilner & O'Reilly, APLC Episode 3

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0:00 | 6:01

In this episode, Richard Wilner, Board Certified by the State Bar of California as a Specialist in Immigration and Nationality Law and Founding Shareholder of Wilner & O’Reilly, provides a clear and practical overview of the E-1 and E-2 visas. These visa categories are designed for entrepreneurs, investors, and foreign companies seeking to start or expand a business in the United States.

In this video, you will learn:
- Treaty Country Requirements: What it means to be a national of a treaty country and why treaties of friendship, commerce, and navigation (FCN treaties) determine eligibility.
- E-1 Visa Overview: How trade-based businesses qualify and what “substantial trade” means between the U.S. and your home country.
- E-2 Visa Overview: How investment-based businesses qualify and how “substantial investment” is evaluated depending on the type of business.
- Nationality of Companies: How ownership structure and stock exchange location impact eligibility for privately held and publicly traded companies.
- Employee Eligibility: The executive, managerial, and essential employee categories and how individuals qualify under each.
- Key Advantage of E Visas: Why E-1 and E-2 visas do not require prior overseas employment, unlike L-1 visas.

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