Seminar Visa und Entsendung - USA

Seminar Visa und Entsendung - USA

Kathy DiazE-Visa SpecialistU.S. Consulate General, Frankfurt – Germany- January 2018-

Content

1) To E or not to E? That is the question2) E Visas general overview3) E-1 Visa classification   4) E-2 Visa classification  5) The Registration Process 6) Review and possible scenarios7) Employees

To

E or not to E?.... That is the questionApplicant’s wishing to run their own business in the USA will be best served with an E visa. Treaty Nationals may still need to be on a B-1 while they get the business to the point of qualifying for an E.   Applicants who would like to work in the USA may qualify for visa classes like, E, H, and L.O, P, or B-1 in lieu of H may also be appropriate.

2

) E Visas general overviewHolders of E visas are allowed to reside in the United States to manage the trade or investments of a U.S. business or, in certain cases, to provide essential skills to the Enterprise.Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation e.g. Germany is a Treaty CountryNationals of the treaty country must own at least 50 percent of the business in questionThe burden of proof to establish status E-1 or E-2 rests with the applicantE Visas have a maximum validity of 5 years

3) E-1

 Visa classification Treaty TraderE1 Treaty Trader visa allows the exchange of qualifying commodities such as goods, moneys, or services between the treaty country and the United StatesNationals of the treaty country must own at least 50 percent of the businessTrade Must be in Existence, E-1 classification is not for the purpose of searching for a trading relationshipTrade must be substantial and traceable e.g. numerous international transactions over timeAt least 50% of the total trade must be between the U.S and the treaty country

4) E-2

Visa classification Treaty InvestorE-2 Treaty Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be developing and controllingNationals of the treaty country must own at least 50 percent of the businessApplicant has invested or is actively in the process of investingInvested amount must be substantial, committed and at riskMust be a real and active for-profit business. A new enterprise must have a realizable business planBusiness must be more than marginal

5) The application process

There are four types of applicationsFirst time registration and re-registration of companies with fewer than 25 employeesRe-registration of companies with more than 25 direct employeesEmployees of already registered companiesE Visas for family members

The

best way to start is by visiting our website. There you will find what forms and documents should be provided and in which format.

Create

a profile /

pay

fee

Submit

required documentation

Processing time may increase due to seasonal workload or if additional information is requested

Appointment request must be approved for interview

First time Registration and

Registration

renewal for Companies

with

fewer than 25 employees

No applicant /No appointmentSend the following documents to the E-Visa Unit(FrankfurtEVisa@state.gov):DS156-E

 (Pdf) parts I and II;

Last 3 available U.S tax returns (First 10 pages of each are

sufficient);

Last available W-3 report (Including all employees);

Proof of treaty country ownership and controlling interest in the

enterprise.

Re-registration of Companies with more

than 25 direct employees

After careful review.

The E visa team will notify the designated point of contact whether the update was successful or if more information is needed

Employer/Company must be already registered in our E Visa DatabaseCreate Account, pay fee and schedule appointment

Come prepared to the interview

Bring: Passport, DS160, DS156E pages1,2,3; Cover letter, Job description and CV

c) Employees of already registered Companies

Can apply

together with principal applicant or

alone if principal

applicant is already in

E visa

status

Create Account, pay fee and schedule appointment

Come for

interview

Bring: Passport, DS160, Marriage certificate.

Spouses are eligible for U.S. Work Permit

Children can attend school

d

) E Visas for family members

6)

Review and possible scenarios  -If an application is missing information we will request it up to three times.  After that, you will be able to come in for an interview. Note that if the information wasn’t submitted or wasn’t satisfactory, there is not guarantee that the registration will be approved at the first interview. Typical issues include but are not limited to:*DS156E not answered in full*Holdings? Include 851 (Group chart is useful)*Ultimate Ownership is not clear. *If a new company, it is useful to see financials of parent company*Bank statements not showing name of holder*Contracts/Leases not signed by all parties-The

visas are typically valid for five years, but may be

...

..

limited

based on the particular applicant

7) Employees

  -E visas are also available to non-investor employees of the business, as long as the persons are of the same nationality as the investor and are destined for a role in the US business that is either executive/supervisory or requires specialized skills that are essential to the efficient operation of the US enterprise.Common issues are:Wrong Company name in DS160DS156E pages 1 and 2 are missingNot providing an e-mail address of an available contact personApplicants do not come prepared to the interview and cannot explain why they are essential . They say “All is explained in the company letter”! (Burden of proof)Speaking German is not an essential skill 

THANK YOU!FrankfurtEVisa@state.govfrankfurtvisainquiries@state.govhttps://de.usembassy.gov/visas/