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Law Office of Maud Poudat, P.A.

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Change in Filing Location for E visas in Italy, effective December 1, 2011

NEW E VISA PROCESSING FOR MISSION ITALY

Effective December 1, 2011, all E visas applications will be processed in Rome.  Therefore, all new E visa applications submitted after December 1, 2011 should be sent to the E Visa Section in Rome following the directions on the web. (http://italy.usembassy.gov./visa/vis/vis-6-en.html) All cases will be processed in the order received.  All pending cases sent to Milan prior to December 1, 2011, will be processed to conclusion in Milan, in the order they were received. 

For questions regarding cases that are pending in Milan, please contact Milanevisas@state.gov

For general questions on E visa processing in Mission Italy or specific questions regarding E visa cases submitted in Rome please contact RomeEvisas@state.gov

Effective December 1, 2011 all E Visa application packets must be mailed or couriered to the Rome Consular Section at the following address:

E Visa Processing
c/o Non-Immigrant Visa Unit
Consular Section
U.S. Embassy Rome
via V. Veneto, 121
00187 Roma

Prior to December 1, 2011 applicants in the Milan Consular district should direct application packets to:

E Visa Processing
c/o Non-Immigrant Visa Unit
U.S. Consulate General Milan
Via Principe Amedeo, 2/10
20121 Milano

All E visa applicants will be notified when the application packet is received.

Treaty Trader (E-1) and Treaty Investor (E-2) nonimmigrant visa

Section 101(a)(15)(E) of the Immigration and Nationality Act provides nonimmigrant visa status for a national of any of the countries with which the United States maintains an appropriate treaty of commerce and navigation, who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is actively in the process of investing substantial amount of capital.

Requirements for a Treaty Trader (E-1) nonimmigrant visa

  • The applicant must be a national of a treaty country.
  • The trading firm for which the applicant is coming to the United States must have the nationality of the treaty country.
    Note: At least 50% of the ownership of the company must have the nationality of the treaty country. Local permanent resident aliens do not qualify as majority holders of US companies for E visa purposes.
  • The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade.
  • The trade must be principally between the United States and the treaty country, which is defined to mean that more than 50% of international trade involved must be between the United States and the country of the applicant’s nationality.
  • Trade means the international exchange of goods, services and technology. Title of the trade items must pass from one party to other.
  • The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

Requirements for a Treaty Investor (E-2) nonimmigrant visa

  • The Investor, either a real or corporate person, must be a national of a treaty country.
  • The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in high-cost enterprise.
  • The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
  • The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States.
  • The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with assets of the investment enterprise are not allowed.
  • The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive or highly specialized skills capacity. Ordinary skilled and unskilled workers do not qualify.

To apply for a Treaty Trader (E-1) or a Treaty Investor (E-2) visa, an applicant must first establish that the trading enterprise or investment enterprise meets the requirements of the law. To establish entitlement to the E visa status, please refer to the guidance and to the requirements listed on this page above.

Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise. Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative visas in order to accompany the principal alien. The spouse of an Evisa holder may apply to DHS for employment authorization. Dependent children of an E visa holder are not authorized to work in the United States.

To ensure efficient processing of your E1/E2 visa the Visa Unit of Mission Italy encourages you to click on the link below and follow instructions: Instructions for Applying for E1/E2 Nonimmigrant Visas (PDF 94kb)

 

ATTENTION:

The most common reason causing delays in processing Treaty Trader and Treaty Investor visa applications is the failure to submit a Banca Nazionale del Lavoro receipt for the Machine Readable Visa fee payment. Cases submitted without this receipt are not examined or processed until the Machine Readable Visa fee payment receipts are received.

For E visa questions, contact our law firm at www.mpoudatlaw.com or check our section on investment visas.

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Law Office of Maud Poudat, P.A.
2816 E. Robinson Street
Orlando, Florida, 32803 USA
407-501-4163