When I have an E-2 or other work visa, can I enter on ESTA before my assignment starts?
The answer is yes, you could but we don’t recommend it. The individual should consider using the E-2 visa to enter the United States for the business trip, as a precaution, even if the activities may not directly relate to the E-2 job but could be in preparation for the US assignment. Here are the reasons:
- The E-2 visa is a valid visa stamp that allows the individual to enter the United States. Using the E-2 visa ensures that the individual maintains a consistent immigration status and avoids potential complications with U.S. Customs and Border Protection (CBP) regarding the purpose of their visit.
- Entering the U.S. under ESTA for activities unrelated to the E-2 job could raise questions about the individual’s intentions and compliance with immigration regulations, especially since the individual plans to use the E-2 visa for employment shortly after the business trip.
- Using the E-2 visa for entry aligns with the individual’s future plans to start the E-2 job in the U.S., providing a seamless transition to their intended employment activities.
The E-2 visa holder should clearly explain to the CBP officer that they are entering the United States for a business trip that is separate from their E-2 employment. Here are some key points to consider when explaining the reason for entry:
- Purpose of Visit: Clearly state the specific purpose of the business trip, such as attending meetings, conferences, or exploring potential business opportunities that are permissible under the E-2 visa.
- Duration of Stay: Indicate the expected duration of the business trip and confirm that it is temporary.
- Future Plans: Explain that after the business trip, they plan to commence their E-2 employment, which aligns with the purpose of their E-2 visa.
- Documentation: Be prepared to present any relevant documentation that supports the purpose of the business trip, such as an invitation letter, itinerary, or details of meetings.
By providing a clear and honest explanation, along with supporting documentation, the E-2 visa holder can help ensure a smooth entry process with CBP.
It is still appropriate for the E-2 visa holder to explain their entry into the United States for activities related to their company abroad, even if these activities are permissible under ESTA. Here are some key points to consider when explaining the reason for entry:
- Purpose of Visit: Clearly articulate that the business activities are related to the alien’s company abroad and are permissible under the E-2 visa. This may include attending meetings, negotiating contracts, or exploring business opportunities.
- Consistency with E-2 Visa: Emphasize that the E-2 visa allows for business activities that involve developing and directing the operations of an enterprise, which can include activities related to the alien’s company abroad.
- Temporary Nature: Confirm that the stay in the U.S. is temporary and provide details on the expected duration of the visit.
- Future Plans: Explain that after completing the business activities, the individual plans to commence their E-2 employment in the U.S., which aligns with the purpose of their E-2 visa.
- Documentation: Be prepared to present any relevant documentation that supports the purpose of the visit, such as an invitation letter, itinerary, or details of meetings.
QUERY:
With respect to consistency with E-2 Visa: Emphasize that the E-2 visa allows for business activities that involve developing and directing the operations of an enterprise, which can include activities related to the alien’s company abroad.” When the foreign national received the E-2 visa stamp, any information regarding the activities for the alien’s company abroad in the US was not provided in the application. Is it still okay, correct?
Yes, it is still okay. The E-2 visa allows the holder to engage in activities related to developing and directing the operations of the enterprise in the United States. While the initial application may not have explicitly detailed activities related to the alien’s company abroad, the E-2 visa inherently permits business activities that support the enterprise’s operations, as long as they align with the visa’s purpose and requirements. It is important for the visa holder to ensure that any activities conducted in the U.S. are consistent with the E-2 visa’s terms and do not deviate from its primary purpose.