Non-Immigrant Visas

How Much is Enough?

Trade must already be established at the time of visa application. Investments, however, may be prospective, provided that the funds are irrevocably committed to the investment, contingent only upon the issuance of the visa. Investment funds may come from any country, including the United States, as long as they are controlled by the investor applicant.

Substantial trade contemplates a continuous flow of trade items between the US and the treaty country. This means numerous transactions rather than a single transaction regardless of monetary value.

There is no fixed amount which is considered substantial. A substantial amount of capital constitutes that amount which is sufficient to ensure the investor's financial commitment to the successful operation of the enterprise as measured by the proportionality test. This proportionality test compares the total amount invested in the enterprise with the cost of establishing a viable enterprise of the nature contemplated or the amount of capital needed to purchase an existing enterprise.

Such comparison constitutes the percentage of the treaty applicant's investment in the enterprise. That percentage must compare favorably in the fashion of an inverted sliding scale starting with a high percentage of investment for a lower cost enterprise. The percentage of investment decreases at a gradual rate as the cost of the business increases. An amount of capital invested in an enterprise is merely presumed to be substantial when it meets or exceeds the percentage figures given in the following examples (given in US dollars):

• 75% investment in an enterprise costing no more than $500,000 (If the cost of the enterprise is substantially lower than $500,000, 85% - 100% investment may be required.)
• 50% investment in an enterprise costing more than $500,000 but no more than $3,000,000.
• 30% investment in any enterprise costing more than $3,000,000.

A multi-million US dollar investment by a large foreign corporation is normally considered substantial, regardless of the examples given above.

The investment must do more than merely yield a return capable of supporting the investor and family. A marginal enterprise is an enterprise which does not have the capacity to generate significantly more than enough income to provide a living for the investor, family and other alien employees.

Yes, provided that the business or individual investor applying for the visa is in a position to "develop and direct" the enterprise. The applicant is in such a position by controlling the enterprise through ownership of at least 50% of the business, possessing operational control through a marginal position or other corporate device, or by other means showing the applicant controls the enterprise.

Family and Length of Stay

The applicant must have the intention of departing the US upon the conclusion of the commercial activities. Nevertheless, holders of E visas may reside in the US as long as they continue to meet E visa qualifications.

"Essential employees" may remain only as long as their skills are required to operate the business, and only as long as the owner can show either that US workers cannot be trained to duplicate the skills or that the owner is making reasonable efforts to train US workers as replacements.

For Argentines, the E visa normally is valid for 24 months for treaty traders and qualifying employees, but can be valid for 48 months for the principal investor and family. On initial entry, immigration officials normally authorize a stay of up to one year in the US, with extensions generally available for as long as the E visa holder and family maintain their E visa status.

Yes. Spouses and children under age 21 qualify for derivative E-visas based upon the principal applicant's qualification. It is not necessary that they hold the nationality of the principal applicant.

However, when the surnames of a spouse or children (as appearing on their passports) differ from that of the principal applicant, copies of marriage certificates, birth certificates, or other legal documentation must be submitted to establish the relationship. De-facto spouses and fiance(é)s do not qualify for derivative status.

Dependent E-visa holders are not allowed to work in the United States. To work, they must qualify independently for and obtain an E-visa or other working visa.

Trading Examples:

a. A US company has been set up, at least 50% of the ownership is Argentine (stock held by Argentine citizens who are also permanent resident aliens in the US cannot be included in this 50%), the US operation is engaged in substantial foreign imports or exports, and at least 51% of the imports or exports represent trade with Argentina. This company would be likely to qualify for treaty trader registration based on its trade in goods. In deciding whether the volume of trade is substantial, the consular officer will consider the type of operation, as well as the volume and number of transactions.

b. A US company or branch office has been set up and at least 50% of its ownership is Argentine. The US operation is engaged in marketing or providing services to a substantial number of US clients relating to computer software which has been developed abroad. At least 51% of the "imported" software originates in Argentina. This company would likely qualify for treaty trader registration based upon its trade in services.

c. An Argentine-owned bank sets up a wholly owned subsidiary or branch office in the United States. The bank's US operation engages in a substantial number of financial transactions, at least 51% of which involve US citizens. This bank would be likely to qualify for treaty trader registration based on its trade in financial services.

The Alternate Screening Program is a method for applicants that were previously issued visas, are frequently travelers to the United States or meet certain conditions to apply via one of the Bi-national centers or our embassy courier DHL.

List of Trading Countries