E-1 and E-2 visas facilitate entry into the U.S. for individuals engaging in substantial trade or investment under treaties between the U.S. and other countries. A crucial criterion for these visas, particularly for those who obtained their treaty nationality via investment, is proving a continuous domicile in the treaty country for at least three years before application. We discuss the three-year domicile requirement for the E-1 and E-2 visas here.
What is the Domicile Requirement?
The domicile requirement mandates that E-visa applicants show they have lived continuously for at least three years in the country whose nationality they obtained through financial investment before applying. This period of domicile must demonstrate physical presence and the intent to maintain residence in the treaty country, reflecting the applicant’s commitment to their nation of nationality.
Documentation of a Continuous Domicile
To prove continuous domicile, applicants should gather:
- Residential documentation: Collect leases, home ownership records, or mortgage statements that show your name and address.
- Utility bills and services: Include bills for electricity, water, internet, and phone services registered in your name.
- Local tax returns: Provide copies of tax returns filed during the three years, demonstrating fiscal residence in the treaty country.
- Employment records: Collect contracts, pay stubs, and letters from employers verifying your local employment.
- Bank statements: Include statements that highlight local transactions and everyday expenditures.
- Proof of community ties: Gather evidence such as local club memberships, volunteer records, school records for children, or other community engagement proofs.
Conclusion
The domicile requirement is a critical element of the E-visa application process for investors. Understanding and preparing for this requirement can significantly impact the success of your visa application. Consulting with an immigration attorney is recommended for further assistance and a detailed review of your case.
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