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Changes afoot for the E-2 visa?

The E-2 Treaty Investor is a non-immigrant visa which provides a route into the US for those unable to qualify through a permanent visa category and who are prepared to buy or set-up a business

The downside of E-2s is that they do not offer immigrant status and you cannot apply for an indefinite stay. You may invest thousands, but ultimately the visa can be removed from your passport and leave you unable to work in the States should your business not meet the turnover and staffing requirements. In addition, the children of E-2 holders can be adversely affected. On reaching the age of 21, they are ejected from the States, even though they could have lived there all their lives.

Alarmed by these possibilities, Brits in the US have begun to take action and have enlisted congresswoman Heather Wilson to their cause.

Congresswoman Wilson tabled a motion to the Senate, and put her Legislative Assistant, Joshua J. Baca on the case. Baca, along with British E-2 visa holder Peter O'Connell are now pushing for a change which would allow E-2 holders to achieve immigrant status; O'Connell, moreover, has managed to persuade the American Immigration Attorney's Association (AILA) to throw its considerable weight behind the effort.

Americans who make the E-2 journey to the UK, are able to take advantage of the following UK immigration statement: "Business Persons who have remained in the UK for five years can apply for an indefinite leave to remain in the UK provided they have continuously met all the requirements of the Business persons during the five years of leave to remain in this capacity".

The Treaty Investor system is deemed a reciprocal working visa arrangement between the US and 71 other countries. Are we on the brink of a truly reciprocal system which allows British immigrants to be rewarded for their hard work with a green card?

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22 March 2007