Rep. Howard Berman(D-CA) introduced bill to admit foreign nationals (bill passed without debate or amendment)
Senate Expands E-2 Program
Before leaving for a two-week long recess, the Senate quietly passed via unanimous consent a bill to expand the E-2 visa program to include Israeli nationals. (The Hill, May 25, 2012) The bill, H.R. 3992, was introduced by Rep. Howard Berman (D-CA) and passed the House in March.
The E-2 visa is a non-immigrant visa program that temporarily admits foreign nationals to the U.S. to develop a business enterprise in which the alien has invested. (INA § 101(a)(15)(E)) The program, however, is restricted to foreign nationals from countries that have appropriate treaties with the United States. The legislation qualifies Israeli nationals for the E-2 visa by adding Israel to the list of foreign states granted such treaty status. (H.R. 3992 § 1; see Department of State Website for list of treaty countries)
By passing the bill in each chamber without debate or amendment, Congress ignored the E-2 visa program's several flaws. They include:
No cap on the number of visas issued. Congress has not placed a cap on the number of individuals permitted into the country under the E-2 program. In addition to an unlimited number of principal E-2 visas, the program also provides for an unlimited number of derivative visas for spouses, children (up to age 21), and employees in a supervisory or executive capacity. (8 C.F.R. § 214.2(e)(3)-(4)) As a result, over 281,000 individuals entered the country on an E-2 visa in 2010 alone. (See DHS 2010 Statistical Yearbook, Table 25)
Visa holders may remain in the U.S. indefinitely. Despite the intended temporary nature of the program, E-2 visa holders may enter the U.S. for an initial two-year period and then remain in the country indefinitely by extending their visa every two years. And, despite the fact that all temporary visas require intent to return to one's home country, aliens may still apply for an E-2 visa even if they simultaneously apply or have been approved for an immigrant visa that puts them on a path to citizenship. (8 C.F.R. § 214.2(e)(5))
No minimum investment is required. Federal regulations governing the visa program do not require applicants to have invested a specific amount of money or percentage of start-up capital into a business venture. The law merely states that the capital invested must be "substantial." (8 C.F.R. § 214.2(e)(14)) The decision whether the alien meets the general requirements of the E-2 visa is up to the discretion of the particular State Department consular officer reviewing the application.
The bill now goes to President Obama to sign.
Before leaving for a two-week long recess, the Senate quietly passed via unanimous consent a bill to expand the E-2 visa program to include Israeli nationals. (The Hill, May 25, 2012) The bill, H.R. 3992, was introduced by Rep. Howard Berman (D-CA) and passed the House in March.
The E-2 visa is a non-immigrant visa program that temporarily admits foreign nationals to the U.S. to develop a business enterprise in which the alien has invested. (INA § 101(a)(15)(E)) The program, however, is restricted to foreign nationals from countries that have appropriate treaties with the United States. The legislation qualifies Israeli nationals for the E-2 visa by adding Israel to the list of foreign states granted such treaty status. (H.R. 3992 § 1; see Department of State Website for list of treaty countries)
By passing the bill in each chamber without debate or amendment, Congress ignored the E-2 visa program's several flaws. They include:
No cap on the number of visas issued. Congress has not placed a cap on the number of individuals permitted into the country under the E-2 program. In addition to an unlimited number of principal E-2 visas, the program also provides for an unlimited number of derivative visas for spouses, children (up to age 21), and employees in a supervisory or executive capacity. (8 C.F.R. § 214.2(e)(3)-(4)) As a result, over 281,000 individuals entered the country on an E-2 visa in 2010 alone. (See DHS 2010 Statistical Yearbook, Table 25)
Visa holders may remain in the U.S. indefinitely. Despite the intended temporary nature of the program, E-2 visa holders may enter the U.S. for an initial two-year period and then remain in the country indefinitely by extending their visa every two years. And, despite the fact that all temporary visas require intent to return to one's home country, aliens may still apply for an E-2 visa even if they simultaneously apply or have been approved for an immigrant visa that puts them on a path to citizenship. (8 C.F.R. § 214.2(e)(5))
No minimum investment is required. Federal regulations governing the visa program do not require applicants to have invested a specific amount of money or percentage of start-up capital into a business venture. The law merely states that the capital invested must be "substantial." (8 C.F.R. § 214.2(e)(14)) The decision whether the alien meets the general requirements of the E-2 visa is up to the discretion of the particular State Department consular officer reviewing the application.
The bill now goes to President Obama to sign.
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