E-1 Visa: Treaty Trader for Traders &
E-2 Visa: Treaty Investor for Investors
The E visa category was designed to give effect to trade and investment treaties between the U.S. and foreign nations providing reciprocal benefits to the nationals the nations signing the treaties; in this way, facilitating commercial interaction between the U.S. and treaty countries. It allows investors making a substantial investment in the U.S.; or business owners, managers, and employees of an enterprise conducting trade between the U.S. and a treaty nation, who need to remain in the U.S. for extended periods of time to supervise work performed in the U.S., to be able to live and work lawfully.
Qualifications of E-1 Treaty Trader Visa
Aliens who are citizens of a nation that has signed a trade and investment treaty with the U.S., who are coming to the United States:
- Solely to carry on or engage in substantial trade between his/her country and the U.S., including trade in services or trade in technology.
- Principally between the United States and the foreign state of which the alien is a national.
“Substantial” with reference to trade means a continuous exchange of goods and services between the U.S. and the treaty nation of the alien applicant, involving numerous transactions that began prior to the filing of the E-1 application. Trade principally between the U.S. and the foreign state means that at least 50% of the total amount of trade conducted by the alien or his/her enterprise or employer must be between the U.S. and the treaty nation.
Qualifications of E-2 Treaty Investor Visa
Aliens who are citizens of a nation that has signed a trade and investment with the U.S., who are coming to the United States:
- Solely to develop and direct the operations of an enterprise in which he/she has invested; or
- Solely to develop and direct the operations of an enterprise in which he/she is actively in the process of investing a substantial amount of capital; or
- As an employee who will perform services that require special qualifications essential to the operations of the treaty investor’s enterprise, who has the same nationality as the treaty investor employer or the nationals owning at lest 50% of the enterprise, who must be under treaty investor status if residing in the U.S.; and
- Showing an intention to depart from the United States upon the termination of his or her status.
“Substantial Investment” Test: 1) the value of the investment is substantial as a percentage of the fair market value of the enterprise, or 2) whether the value of the investment is substantial as a percentage of the capital usually required to establish the specified type of business in the specified industry, as per the visa application. In addition, the investment enterprise must not be “marginal”, meaning it must have the capacity in the present or future to provide income more than a living wage to the investor and his/her family.
Duration of Visa
The initial statutory limitation on the period of stay for an alien with an E-1 or E-2 can be no longer than two years. (Note: It is not uncommon for the U.S. Consulate to issue an E-1 or E-2 visa for five years).
Renewability
The initial visa period can be extended indefinitely as long as the alien affirms that he/she will not remain in the U.S. after this period, including extensions, ends.
Family Benefits
The spouse and unmarried children under 21 of treaty trader or treaty investor aliens qualify for the same status as the principal alien, and their nationality is not relevant to their qualification. They can live and study in the U.S. without any additional permits. The spouse of the visa holder may obtain authorization to work in the U.S.