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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28195
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have question about E-2 visa application. The owner

Customer Question

Hi,
I have question about E-2 visa application.
The owner of Company A is a national of Country X and his name is***** recently got E-2 Investor visa via his Company, A.
Now he would like to employ C as a manager in Company A. C is also a national of Country X and currently has H1-B visa. He would like to apply E-2 Employee status visa for C using his Company A. While filling I-129 form, he sees the section "TRADE AGREEMENT TO SUPPLEMENT FOR I-129" on page 11. In this section there are some spots to fill out.
Spot 1 is: NAME OF THE PETITIONER.
Spot 2 is:NAME OF THE BENEFICIARY, which is me.
Spot 3 is:EMPLOYER IS A ..... US EMPLOYER OR FOREIGN EMPLOYER.
Spot 4 is:IF FOREIGN EMPLOYER, NAME THE FOREIGN COUNTRY.
Here is the question: Since the name of the petitioner is Company A, who is the employer?
Is the employer Company A or the Owner, which in this case is B?
If the employer is Company A, can Company A be considered as a Foreign Employer since it is owned by a Foreigner (B) %100?
Thanks
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Judith replied 6 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Did B when applying for E2 status give all the financial information information for Company A?
I am sure he did and therefore the employer will be Company A which is owned 100% by B.

But when you come to US the corporation will be writing your checks because you are performing service for the corporation and not B individually.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 6 months ago.
Hi Judith,Sorry for the late reply.On the Trade Agreement Supplement Form to I-129 it asks at 3 whether the petitioner (Company A) is a US Employer or a Foreign Employer. Since the owner of Company A is foreigner, should we consider the employer as foreigner? Or since the company is established in the US, should we consider the Employer as a US Employer?Thanks

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