E-1/E-2 Visas Now Available to New Zealand

Two of my favorite visas - E-1 and E-2 - are now available to New Zealand nationals! The Embassy in New Zealand announced the availability of the E visa categories this week, following the enactment of the Knowledgeable Innovators and Worthy Investors (KIWI) Act, which was signed by President Trump on August 1, 2018.  
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E-1/E-2 status generally requires:

• A treaty between the U.S. and a foreign country;
• That majority ownership or control of the trading/investing company is held by treaty country nationals; and
• That each employee or principal of the company seeking E status is a treaty country national.

E-1 status requires that the majority of the trade of the company is between the US and New Zealand, and that the trade be substantial. 

In contrast, E-2 status does not require any continuing business between the US company and the treaty country. E-2 status is available to nationals of treaty countries who enter the US as managers/executives, or with "essential skills" and will be employed by a US company that is at least 50% owned by treaty nationals. A common misconception is that the E-2 visa holder must herself be the investor. This is not the case. E-2 visa holders fall into two general categories:

1. Treaty nationals who are creating a new US business or buying an existing business.
2. Treaty nationals who are entering the US to work for a company that is owned by people of the same nationality. For example, a New Zealander coming to the US to work for a New Zealand-owned company could get E-2 status, assuming she met all other requirements.

For more information about E-2 visas, contact Elaine Martin, Immigration Lawyer.  See also this link: http://www.martinvisalawyer.com/uploads/3/8/6/0/38600843/e-2_info_sheet.pdf

USCIS notice on New Zealand E-1 and E-2 here.


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