Citizens of New Zealand and the United States making a business investment in the other country or engaging in trade between the two countries are now eligible for new immigration benefits. On June 10, 2019, US consular officials in New Zealand began processing E-1 treaty trader and E-2 treaty investor visa applications filed by New Zealand citizens.
These visas are allowed under the Knowledgeable Innovators and Worthy Investors (KIWI) Act, which was signed into law by President Trump in August 2018.
To qualify for E-1 classification, the applicant must:
- Be a citizen of New Zealand and the US business must be at least 50 percent owned by citizens of New Zealand;
- Carry on “substantial trade,” as measured by a history of continuous flow of sizable international trade items involving numerous transactions over time;
- Carry on “principal trade,” meaning at least 50 percent of the business’s international trade is between the US and New Zealand; and
- Develop and direct the enterprise through either (i) at least 50 percent ownership of the enterprise or (ii) employment in a supervisory capacity or where the applicant brings essential skills.
To qualify for E-2 classification, the applicant must:
- Be a citizen of New Zealand and the US business must be at least 50 percent owned by citizens of New Zealand;
- Invest substantial capital in an active, commercial enterprise in the US at a level that is above that which could merely support the applicant and his or her accompanying family members; and
- Develop and direct the enterprise through either (i) at least 50 percent ownership of the enterprise or (ii) employment in a supervisory capacity or where the applicant brings essential skills.
Successful applicants will be issued a multiple-entry visa, valid for up to five years and be allowed an initial stay of up to two years, with extensions available. There is no limit on the total time spent on E-visa status, but E- visa holders must be able to prove their intention to depart the US at the end of their authorized stay, whether through status expiration or termination. The applicant’s spouse and unmarried children under 21 are eligible for the same visa and period of stay. The spouse also may apply for an employment authorization document and family members may attend school.
Although the KIWI Act is not a bilateral treaty extending equivalent benefits to US citizens. For Americans interested in New Zealand, it should be noted that New Zealand already has an immigrant investor visa, an entrepreneur visa and a global impact visa that collectively offer broader benefits to citizens of the US and other countries than the KIWI Act provides New Zealanders.
The visa benefits for citizens of New Zealand and the US are a welcome addition that will benefit both countries. Please contact Dentons for more information.
