Monthly Archives: June 2019

E-2 Treaty Investor Visas Available to Citizens of New Zealand

Beginning on June 10, 2019, citizens of New Zealand will be able to qualify for E-2 treaty investor visas.

What is an E-2 visa?

E-2 visas allow New Zealand citizens to either start a new business or to purchase an existing business in the U.S.  With the visa, the applicant is permitted to oversee and direct day-to-day operations of the business.

Is there a minimum investment required to qualify?

USCIS or the Foreign Affairs Manual (FAM) does not specify any specific amount of investment to  qualify for an E-2 visa.  However, it is clear that the investment must be considered “substantial.”

How much of the business do I need to own?

The applicant must own at least 50% of the U.S. business in order to qualify as an E-2 investor.  If the applicant owns less than 50%, he or she may still be eligible for an E-2 visa so long as the business itself is at least 50% owned by New Zealand citizens.

Can my family members accompany me to the U.S.?

Yes, investors or employees with E-2 visas may bring their spouses or children (under 21 years of age).  The spouses are entitled to work authorization and the children may attend public school.

What kind of business qualifies for an E-2 visa?

There is no specific type of business that qualifies, though it must be an active commercial business.  In other words, the business must sell or offer some type of service, product or goods.  Typical E-2 businesses include:  coffee shops, professional services, retail establishments, and manufacturing companies.

Can employees come to the U.S. to work for the E-2 business?

New Zealand E-2 investors can bring executives and specialized knowledge employees under E-2 employee visas to carry out work for the U.S. company.

Are spouses of E-2 visa holders eligible work for authorization?

Yes, husbands and wives of of E-2 investor or employees are eligible to apply for employment authorization.

Learn more about the E-2 visa by clicking HERE.

Getting Married Within 90 Days Under a K-1 Visa

K-1 Nonimmigrant Visa for Fiancé(e) 90-day Requirement

Overview

You have completed the application process, form I-129F, with USCIS and your fiancé(e) has gone to their interview at the respective consulate or embassy in their home country and their K-1 fiancé(e) visa was approved. Your fiancé(e) has entered the United States with their K-1 visa and you have heard about a 90-day rule but you aren’t sure what you are required to do in that period.  This article will go over what needs to happen in those 90 days and what can happen if you don’t meet the deadline.

What do we have to do in 90 days?

Your fiancé(e) has entered the United States through a port of entry and a CBP officer has stamped their passport and/or stapled form I-94 to their passport. This stamp or I-94 has an entry date and an “admit until” date.  You have from the date of entry until the “admit until” date to get married. In other words, you must get married in within 90 days of entering.

What happens if we don’t get married in those 90 days? 

You must get married with in 90 days – there is no way around it.  If the K-1 visa holder and their fiancé(e) do not get married before the 90 days, the visa holder must leave the United States as soon as possible or they could face a bar from entering the United States in the future.  There is also no extension for a K-1 visa.

If you did not get married before the 90 days and have questions about what to do now, please contact our office to talk to our attorneys as soon as possible.