Overview of O-1A Visas

There are a number of options available for bringing over exceptional foreign talent to the U.S. O visas, which is a family of non-immigrant (temporary) visas, are meant for allowing exceptional workers from a select group of industries to work in the U.S. for a period of time. Within that family is the O-1A visa, which is reserved for individuals who have shown extraordinary ability in sciences, education, business, or athletics.

What Conditions Must Exist for O-1A Applicants?

Before you submit any paperwork on behalf of yourself or a prospective employee you are sponsoring, there must be an existing job offer extended in the U.S. in the field for which the applicant is recognized as being exceptional. Once you have a job offer in place, you should then start gathering documentation to bolster your application. Proof of any three of the following evidentiary criteria is generally required for O-1A visa applications:

  • A nationally or internationally recognized award for exceptional work (Olympic medalists and Pulitzer Prize winners do not need to satisfy two other criteria to qualify for an O-1A visa)
  • Published articles detailing achievements in the applicant’s line of work
  • A high level of compensation for work performed
  • Prior experience judging and assessing others in the applicant’s line of work
  • Received prizes for work-related achievements
  • Conducted or contributed to original research
  • Member of a highly reputable association or organization that mandates a high level of achievement and success for membership 

What makes O-1A visas more difficult to obtain than other employment-based visas is the requirement for applicants to stand on their own achievements, rather than simply being associated with an esteemed organization. Besides documentation, you should also solicit testimonials from colleagues. After you have gathered these documents and sent them to your prospective employer, they will submit Form I-129 to USCIS. Applicants will also need to fill out Form DS-160, which checks the background and personal information of the applicant. 

Conclusion

Fortunately for O-1A visa applicants, there are no caps or limits on the amount of recipients, so you are not in competition with anyone else. However, it is still somewhat difficult to secure an O-1A visa. To have the best chance at succeeding in your application, you need to speak with a qualified and competent immigration law attorney. RelisLaw would be honored to help you navigate the U.S. immigration system; call us today at 1-800-514-4290 to get started.

The following two tabs change content below.

RelisLaw

We help people from around the world to live and work freely in the U.S., to achieve their dreams, unite families, or escape persecution. No matter what immigration service you need, RelisLaw will provide caring and dependable counsel to you and aggressive advocacy to vigorously fight for you using every available legal avenue. As a global firm, we work with people in countries around the world. We meet clients across the U.S., as well as in New York, Toronto, and Montréal. We also meet with clients globally, located in any country, via Skype and other platforms.
Scroll to Top
E-2 Treaty Investor Visa Requirements: A Definitive Guide for Business Owners and Managers - RelisLaw

E-2 Treaty Investor Visa: Comprehensive Guide for Business Owners

U.S. Investment Opportunity: The E-2 Visa

pexels michael burrows 7129717 scaled 1

The **E-2 Treaty Investor Visa** is a non-immigrant classification for foreign nationals investing a substantial amount of capital in a bona fide U.S. business. At RelisLaw, we specialize in maximizing the approval chances for **E-2 Visa Business Entrepreneurs and Managers**.

The E-2 visa allows investors and their **immediate family** (spouse and unmarried children under 21) to live and work in the United States. Initial approval can grant residency for up to **5 years** and is indefinitely renewable as long as the business meets the requirements. This visa is explicitly designed to spur **foreign investment and economic development** in the U.S.

RelisLaw provides the **solid, detailed guidance** you can rely on to build your strongest E-2 Application and successfully secure your future in the USA!

Since 2016, our clients worldwide have chosen RelisLaw, not only for our **meticulous work and consistent Approvals** but also for the continuous support we provide to help them achieve their dreams of working in the U.S.

Be prepared to discuss your **business plan, investment sources, and management role** in detail during your application process. Upon E-2 visa approval, you will receive authorization to start working in your approved U.S. business right away!

E-2 Treaty Investor Visa Eligibility Summary

E-2 Requirement CategoryCore Eligibility CriteriaDefinition of Investment
**Applicant & Business**– Must be a **citizen of a U.S. treaty country**.

– Must have already **invested or be actively investing a significant amount** of capital in a legitimate U.S. enterprise.

– The applicant must be coming to the U.S. solely to **develop and direct the enterprise** by having ownership (at least 50%) or a key managerial/executive role.
– The investment must be **Substantial** relative to the total cost of the business (start-up or purchase).

– Funds must be large enough to demonstrate the investor’s strong **financial commitment** to the business’s success.

– The business must be **Not Marginal** (i.e., not solely created to provide a minimal living income for the investor and family, but must expand employment opportunities in the U.S.).
;