E1 and E2 Treaty Investor and Treaty Trader Visa

The US has treaties with many nations that allow citizens of the treaty nation to enter the US in connection with their business. These E1 and E2 visas are nonimmigrant visas which must be renewed periodically, however there is no limit either to the number of times these visas may be renewed or the total number of years that one may be in E1 or E2 status.

The E2 Treaty Investor Visa allows a citizen of a treaty nation to enter the US to develop and direct a business in which he has a controlling interest and which generates more than enough income to support the investor and his or her family.

An E1 Treaty Trader Visa allows a citizen of a treaty nation entry to the US solely for the purpose of engaging in substantial trade between the United States and the alien’s country of nationality.

EB5 Immigrant Investor Green Card Visa

The EB-5 investor visa allows a foreign investor and spouse and minor children to immigrate (and obtain a green cards) to the US through an investment in a US enterprise. The foreign national must generally invest $1,000,000 in a US enterprise, and create 10 new jobs for US workers, except for investments in a Regional Center or in a Targeted Employment Area. If the investment is in a Regional Center or in a Targeted Employment Area (a TEA is an area with low employment rates), the investment may be $500,000. The funds in all cases must have been legally obtained – meaning not from criminal activity, drugs, corruption, money laundering, or the like.

O & P Nonimmigrant Visas for Persons of Extraordinary Ability or Achievement and Athletes and Entertainers

The O-1A visa is for those who possess extraordinary ability in the sciences, education, business, or athletics. The O-1B is for those who have a record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements.

O-2 visas are for those who will accompany an O-1. To accompany an O-1A athlete or artist, the purpose must be to assist in a specific event or performance, and the O-2’s assistance must be integral to the O-1A’s activity. For an O-1B, the O-2’s assistance must be essential to the O-1B’s production, and the O-2 has skills and experience with the O-1 that cannot be readily performed by a US worker and which are crucial to the successful performance of the O-1.

O-3 visas are for the spouse and children of the O-1 and O-2.

There are several categories of P visas. The P-1A is for internationally recognized athletes who are coming to the US to compete at the highest level of performance. The P-1B is for members of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time and who are coming to the US to perform with the group. The P-3 is for artists or entertainers either individually or as part of a group, who will perform, teach or coach as artists or entertainers in a culturally unique program. A P-4 visa is for spouses and unmarried children under age 21 to accompany the P visa holder.

If you are interested in attorney services in the area of Employee or Investment Visas, please use the form below to contact us with your questions or to request our services.

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Richard Berman

Attorney at Law


(808) 876-0253


(808) 442-1245

Mailing Address:

18 Ahinahina Place
Kula, HI 96790