Hello, this is Matsui of IMS. The Russian invasion of Ukraine shows no sign of subsiding, and the world is still in a state of unrest, but I suppose some positive news from Japan is that the long suspension of new entries of foreigners due to the pandemic has finally been lifted almost entirely as of this March 1, 2022. While entry for sightseeing is still not permitted, medium- to long-term residents such as those studying or working in Japan, as well as those on short-term business trips, may now enter Japan as long as there is a receiving institution in Japan. It is reported that there are about 400,000 foreigners who have been waiting to enter Japan despite already having been issued a certificate of eligibility. I hope that the state of isolation will be resolved, albeit gradually, and the Japanese economy will improve.
E-tdy Visa
Possibly because the end of the fiscal year is approaching, there seems to have been an increase in the number of inquiries and requests for U.S. work visas recently. Today, I would like to introduce a slightly unique U.S. visa called E-tdy. The term "tdy" stands for "temporary duty," or in other words, "short-term assignment.” The "tdy" has an "E" in front of it, so it can be used if you are eligible for an E visa but wish to come to the U.S. for a short period of time.
E visas are so-called trade and investment visas, with E-1 being for traders and E-2 for investors. This time, we applied for an E-2 tdy. The E-2 visa is usually sought and obtained by individual investors or, in the case of corporate investments, by executives, managers, or specialists in key positions within their companies who are going to be temporarily dispatched to the U.S. In other words, this visa is issued to those who intend to stay and work in the U.S. for a certain length of time, usually several years or more.
However, there are cases where an individual may wish to stay in the U.S. for only a few months for internal projects or other reasons. In such cases, if your activities in the U.S. do not fit well with ESTA or B visas, or if your activities are very close to employment activities, staying in the U.S. with these statuses may be risky because it may be considered illegal employment. If you are denied entry into the U.S. or are found to be working illegally while in the U.S., both the company and the individual will incur significant disadvantages. The E-tdy is one way to avoid these risks. Because this is a visa under the E visa umbrella, a category of work visa, it enables the holder to work in the U.S. However, since it is only for a short period of time, the employee's employment remains with the Japanese company and the source of remuneration remains with the Japanese company.
Foreign Affairs Manual Definition
The grounds for the E-tdy are found in the Foreign Affairs Manual, issued by the U.S. Department of State.
"In some cases, ordinarily skilled workers can qualify as essential employees, and this almost always involves workers needed for start-up or training purposes. A new business or an established business expanding into a new field in the United States might need employees who are ordinarily skilled workers for a short period of time. Such employees derive their essentiality from their familiarity with the overseas operations rather than the nature of their skills. The specialization of skills lies in the knowledge of the peculiarities of the operation of the employer's enterprise rather than in the rote skill held by the applicant." (9 FAM 402.9-7(C) C.(2))
Previously, E-tdy status was indicated on visas, but now visas are no longer marked E-tdy and are marked in the same way as a regular E visa. While there is no longer an official visa category called the E-tdy, it is still possible to apply for an E-tdy. The E-tdy visa we applied for this time only required a stay of around 3 months, but a visa valid for a period of 5 years was issued.
The important thing to keep in mind when using the E-tdy is that it is an E visa, so naturally, the conditions for an E visa must be met. The biggest issue is whether the company is registered as an E visa company. If your company already has employees on an E visa, you can be sure that the company is registered. In this case, if you are sending employees to the U.S. for a short period of time to work on a short-term project, we recommend that you use the E-tdy visa to do so.
If you are considering applying for an E-tdy, feel free to contact IMS.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
