Introduction
The E visa represents a significant opportunity for entrepreneurs who wish to start or expand their business in the United States. It allows citizens of countries with which the USA has signed a treaty of friendship, commerce, and navigation to stay in the country to conduct various types of business activities.
Like all other types of visas, the normative reference text is the Immigration and Nationality Act (enacted in 1965 and amended and updated several times).
This category of visas is divided into two subcategories: the E-1 (Treaty Trader) visa and the E-2 (Treaty Investor) visa.
The E-1 visa is reserved for citizens who want to go to the United States to engage in significant trade primarily between the United States and the treaty country.
By "trade," it means the international exchange of goods, money, services, or technology. The international trade must be "substantial," meaning it must maintain a considerable and ongoing volume of goods/services exchange, which must be primarily between the United States and the treaty country (in the sense that at least 50% of the company's international trade must be between the United States and the applicant's country of nationality).
To qualify for this visa, the applicant must be the owner of the company (or hold a managerial position or be a key employee of the same) and trade must already have been initiated at the time of the visa application.
The E-2 visa, on the other hand, is issued "exclusively to develop and direct the operations of an enterprise" in which an investment has been made. To qualify for this visa, it is necessary that the investment:
- Be significant and substantial enough to ensure the company's operations. There is no minimum requirement regarding the monetary value or volume of the investment;
- Be definitive and "at risk," meaning the capital or resources earmarked for the investment - which the applicant must control - must already be concretely and irrevocably committed. A mere statement of intent to invest, such as depositing funds in a bank account without concrete commitments, will not be considered sufficient;
- Be made in a real entrepreneurial activity. Purely speculative investments will not be considered;
- Not be of marginal importance, in the sense that it must ensure the investor and his family a sufficient income (or otherwise must have a significant impact on the US economy).
It is necessary for the investor to go to the USA to develop and manage the company. If the applicant is not the principal investor, he or she must at least occupy a supervisory, managerial position, or possess highly specialized skills.
It is important to consider that E visas are "non-immigrant" visas and, therefore, of a temporary nature. They can be renewed or extended only if the investment or trade continues to meet all legal requirements.
There are three stages in the process of obtaining E visas in Italy: submitting the documentation; analyzing the provided documents; and the final interview.
Documentation submission
Once the online application is completed, all candidates must provide the necessary documents for the E-1 or E-2 visa to the designated office. These documents must be sent in PDF or zip format to the email address of the American Embassy in Rome, the only office in Italy dedicated to processing E visa applications.
Application review
Consular officers will then review the provided documentation and may request additional documents via email. The case review will continue once these documents are integrated by the applicant.
At the end of the review, the applicant or his or her legal representative will be contacted through the Embassy's online system to set up an appointment for the interview. The notification will be sent to the email address provided during online registration. There are no other systems to book the visa interview at the Embassy.
Visa interview
Every E visa application, including renewals, requires an interview at the Embassy in Rome. The presence of lawyers or consultants with the applicant is not allowed.
During the interview, candidates must be ready to discuss in detail their business and their role in the company. At the end of the interview, the consular officer will decide whether the company and the candidate meet the requirements for the E visa according to U.S. law.
It is advisable not to make travel reservations (such as flights or hotels) before receiving the visa.
If the E visa is denied, the officer will provide a brief letter to the applicant mentioning the provision of the Immigration and Nationality Act under which the visa was denied. The officer's decision is final. The candidate may submit a new application, but it is not advisable to do so unless there have been significant changes in the overall situation.
Timelines, duration, and renewals
The current processing time for an E visa case is about three weeks from the time the Embassy receives documentation from the applicant until the date when they are allowed to schedule an appointment. However, often, for reasons of workload (as has happened in recent years also due to the pandemic) timelines can vary and extend significantly.
Qualified treaty traders, investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay in, or changes of status to, E-1 classification may be granted in increments of up to two years each. There is no limit to the number of extensions an E-1 nonimmigrant may be granted. All E-1 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.
