I’m from New Zealand – what are my US visa options?
Kia Ora!
San Francisco Law group has a special tie to New Zealand as Rebecca Freeman (founding partner), moved to Queenstown in 2020. She and her Nelson-born husband frequently travel between the Wakatipu basin and Silicon Valley, keeping one foot in each place. Rebecca is also an active member of the American Chamber of Commerce, New Zealand chapter.
There are some special visa programs for citizens of New Zealand.
Work/Travel for Kiwis
The United States and New Zealand host a reciprocal work and travel program which allows post-secondary students or recent graduates from each country to work and travel in either country for up to 12 months.
Eligible participants must be:
Be a citizen of New Zealand.
Be a bona fide post-secondary student or recent graduate. The potential participant must have completed his or her freshman (first) year. A recent graduate is defined as a New Zealand citizen who has graduated from a (post-secondary) college/university in their home country within the last 12 months. The applicant must provide evidence of student status.
Vocational students pursuing studies at a tertiary level accredited educational institution are eligible for participation.
Provide proof of sufficient financial resources, prior to coming to the United States, to support themselves during a search for employment or between breaks in employment.
For New Zealand citizens traveling to the United States, this program will operate under the current Exchange Visitor Program Summer Work Travel regulations and in accordance with the guidelines provided to each designated sponsor.
Treaty Traders and Treaty Investors
E-1/E-2 Treaty Trader/Treaty Investor visas became available to citizens of New Zealand on June 10, 2019.
To qualify for a Treaty Trader E-1 Visa
You must be a citizen of a treaty country.
The trading firm for which you plan to come to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise.
The international trade must be substantial, meaning that there is a sizable and continuing volume of trade.
More than 50 percent of the international trade involved must be between the United States and the treaty country.
Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
You must be an essential employee, employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.
The investor, either a person, partnership or corporate entity, must have the citizenship of a treaty country.
To qualify for a Treaty Investor E-2 visa
If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality.
The investment must be substantial, with investment funds or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise.
The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
It must generate significantly more income than just to provide a living to you and family, or it must have a significant economic impact in the United States.
You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
You must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.
Additional Options
If you happen to also hold an Australian passport, check out the E-3 visa
Is it possible that you might be, just slightly, a tall poppy? Check out the O-1 visa
If you are an entrepreneur, check out (IEP) International Entrepreneur Parole
You can find out more about self-sponsorship here:
You can find out more about employment-based sponsorship here:
https://www.sanfranciscolawgroup.com/articles/are-you-looking-to-hire-a-foreign-national
We are here! Contact us:
P.O. Box 2081, Wakatipu, Queenstown 2371