Seminar Visa und Entsendung - USA Kathy Diaz E-Visa Specialist U.S. Consulate General, Frankfurt – Germany - January 2018-

Content 1) To E or not to E? That is the question 2) E Visas general overview 3) E-1 Visa classification    4) E-2 Visa classification   5) The Registration Process  6) Review and possible scenarios 7) Employees

To E or not to E?.... That is the question Applicant’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 overview Holders 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 Country Nationals of the treaty country must own at least 50 percent of the business in question The burden of proof to establish status E-1 or E-2 rests with the applicant E Visas have a maximum validity of 5 years

3) E-1 Visa classification Treaty Trader E1 Treaty Trader visa allows the exchange of qualifying commodities such as goods, moneys, or services between the treaty country and the United States Nationals of the treaty country must own at least 50 percent of the business Trade Must be in Existence, E-1 classification is not for the purpose of searching for a trading relationship Trade must be substantial and traceable e.g. numerous international transactions over time At least 50% of the total trade must be between the U.S and the treaty country

4) E-2 Visa classification Treaty Investor E-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 controlling Nationals of the treaty country must own at least 50 percent of the business Applicant has invested or is actively in the process of investing Invested amount must be substantial, committed and at risk Must be a real and active for-profit business. A new enterprise must have a realizable business plan Business must be more than marginal

5) The application process There are four types of applications First time registration and re-registration of companies with fewer than 25 employees Re-registration of companies with more than 25 direct employees Employees of already registered companies E Visas for family members

The best way to start is by visiting our website 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.

First time Registration and Registration renewal for Companies with fewer than 25 employees 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

Re-registration of Companies with more than 25 direct employees No applicant /No appointment Send 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. 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

c) Employees of already registered Companies Employer/Company must be already registered in our E Visa Database Create Account, pay fee and schedule appointment Come prepared to the interview Bring: Passport, DS160, DS156E pages1,2,3; Cover letter, Job description and CV

d) E Visas for family members 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

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 DS160 DS156E pages 1 and 2 are missing Not providing an e-mail address of an available contact person Applicants 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.gov frankfurtvisainquiries@state.gov https://de.usembassy.gov/visas/