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Original Version in Spanish: https://www.semana.com/visas-para-quienes-quieren-hacer-negocios-en-estados-unidos/78695/
If you are a businessman or woman who wants to invest in a company or subsidiary in the United States or exchange your merchandise in this country, these are the requirements that you must take into account to obtain E-1 and E-2 visas.
The United States will always be a very attractive market for any entrepreneur looking for business opportunities. And since Colombia has known how to take advantage of economic ties, it is likely that you have thought about going on a financial adventure. If so, you have to remember that Colombians have a special privilege to use trade or investment visas in this country.
The United States is today Colombia's main trading partner and has maintained an active bilateral trade relationship for years. According to official figures, today, 29.7% of Colombian exports go to the US market and in 2017, exports to the United States amounted to $10,546 million dollars, reporting constant growth compared to previous years.
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In times when the US government is reviewing its different trade agreements with other countries and the winds of economic protectionism are blowing, it seems that accessing one of the largest markets in the world, has Colombian traders and investors waving the green flag.
In 1848, Colombia signed a Treaty of Peace, Commerce, and Navigation with the United States, which grants its citizens a special privilege to use Trade or Investment Visas. According to the law firm Negocios USA, this agreement allows Colombians to apply for the E-1 visa for trade and E-2 for investment, with great acceptance by the US government since they were created to promote the generation of jobs and economic growth.
“They are tools available to Colombians to do business in a stable manner and with clear rules. Few countries in Latin America have this type of trade agreement with the United States, and Colombia is one of the privileged ones,” says Edgar Pulido, Colombian Offices Director for Negocios USA Law Firm.
What are the requirements?
The E-1 Merchant Visa is issued to Colombians who wish to enter the United States and conduct “substantial commerce” between their country of origin and the United States. Trade refers to an international exchange of goods, services, money, technology, transportation, and tourism, among others.
To acquire it, you must be a Colombian citizen, there must be a substantial number of commercial exchange transactions (import or export), and the international trade that the business will carry out must be mainly (or at least 50%) an exchange between the States.
On the other hand, the trading company must belong to the treaty country (at least 50% ownership of the company), and the trader or his employees must have sufficient experience in business to conduct the exchange.
The E-2 Visa allows Colombians to enter the United States to run and develop a company or business in which they have invested, or are in the process of investing, a substantial sum of money or capital. It is required to be a Colombian citizen and the investment must be substantial (the minimum amount was not defined under the law, but it must be sufficient to ensure the successful operation of the company).
The investment must be in a real company that physically operates and is properly established and the investor must have control of the funds he/she will invest. Loans backed by company assets are not permitted.
The person must also go to the United States to develop and direct the company. If the visa applicant is not the main investor, he or she must be employed in a supervisory, executive, or highly specialized knowledge capacity.
Benefits.
Both the E-1 Business Visa and the E-2 Investment Visa allow the applicant, his or her spouse, and unmarried children under 21 to live in the United States. Although the holder is only allowed to work in his own business, the spouse can work anywhere he/she wants, and the children will have the opportunity to study at colleges or universities.
These visas are generally granted for several years and can be renewed as long as the applicant meets business requirements and does not violate American laws.
Business USA recommends, before applying for any of these visas , seeking advice from an expert to help evaluate whether the selected business meets the necessary requirements, as well as the development potential to qualify for future visa renewals.
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