E-1 and E-2

E-1 and E-2: Treaty Traders and Treaty Investors Visa

Foreign nationals from treaty countries are allowed to come to the United States to conduct trade or to manage substantial investments. There is no fixed minimum dollar amount for treaty-investment.  Qualifying for the E-1 trader or E-2 investor visas can pursue long-term business objectives using these practical visas.  It is important to consult with an experienced immigration attorney in order to avoid costly mistakes.

Who may qualify for  E-1 treaty trader visa:

• National of a country with which United States maintains a treaty of commerce and navigation

• There is substantial trade (more than 50% of the company’s international trade) between the United States and the treaty country. Trade includes the exchange purchase or sale of goods or services; the transfer of technology; and binding contracts that call for the immediate exchange of items of trade. Such trade must be continuous and ongoing

• The individual is either the principle trader who is coming to the United States to engage in substantial trade, or an executive, manager or employee with special skills essential to the company

Who qualifies for an E-2 Treaty Investor Visa?

• National of a country with which United States maintains a treaty of commerce and navigation

• The individual or the company has made or in the process of making a substantial Capital Investment (relative to the total value of the company) in a bona fide business enterprise in the United States

• The individual is either the principal investor who will direct and develop the enterprise or an executive, supervisor, or employee whose services are essential to the efficient operation of the U.S. Company

• The investment has the present or future capacity to generate more than enough income to provide minimal living for the investor and his or her family, or has the present and future capacity to make a significant economic contribution.

Period of Stay

• Initial stay will be allowed for a maximum of two years. The extension may be granted for up to two years as long as eligibility continues and the treaty remains in force.

• An E Visa may be reissued for up to five years at the home consulate with submission of appropriate documentation establishing the ongoing trade or continuing operation of the business investment enterprise.

• The spouse and children of E Visa holders do not require treaty country nationality. Children may attend school and spouses in E status are eligible to apply for an employment authorization document