New Zealanders will be able to qualify for E-1 (trader) and E-2 (investor) visas to US effective from June 10, 2019. This was announced by USCIS and also US embassy in New Zealand
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.
New Zealand business owners and citizens will be able to reside and work in the US under the new E treaty.
To qualify for Treaty Trader (E-1) and Treaty Investor (E-2) visas applicants must be coming to the United States either to engage in substantial trade, including trade in service or technology, in qualifying activities, which is principally between the United States and the treaty country, or to develop and direct the operation of an enterprise in which the applicant has invested a substantial amount of capital.
- Treaty traders (E-1) carry on substantial trade in goods, including but not limited to services and technology, principally between the United States and the foreign country of which they are citizens or nationals.
- Treaty investors (E-2) direct the operations of an enterprise in which they have invested, or are actively investing, a substantial amount of money.
E-1/E-2 category visas are issued for maximum 2 years (extendable) and has a filing fee of $460
Holders of E visas must intend to depart the United States upon the termination of their E status
Beginning June 10, eligible New Zealand nationals already in the United States in a lawful nonimmigrant status can file Form I-129, Petition for a Nonimmigrant Worker, to request a change of status to E-1 or E-2 classification, or a qualifying employer can file Form I-129 on their behalf.
Spouses and unmarried children under 21 years of age of E-1 and E-2 nonimmigrants, and employees who are already in the United States, may also seek to change status to E-1 or E-2 classification as dependents by filing Form I-539, Application to Extend/Change Nonimmigrant Status.
E-1 visas
To qualify for E-1 classification, the general requirements for a treaty trader are:
- National of a country with which the United States maintains a treaty of commerce and navigation;
- Carry on substantial trade; and
- Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.
Substantial trade generally refers to the continuous flow of sizable international trade items, involving numerous transactions over time.
E-2 visas
To qualify for E-2 classification, the general requirements for a treaty investor are:
- National of a country with which the United States maintains a treaty of commerce and navigation;
- Have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
- Seeking to enter the United States solely to develop and direct the investment enterprise.
