E-1 Treaty Trader/E-2 Treaty Investor Visa
The E-1 visa category allows traders from countries with which the U.S. maintains a qualifying treaty of commerce to be admitted to the U.S. to engage in trade primarily between the U.S. and the applicant’s country of nationality.
The E-2 visa category allows investors from countries with which the U.S. maintains a commerce treaty to enter the U.S. to pursue an investment. Such investments may be in a new or existing business.
An E-1 visa applicant must generally meet the following requirements:
The applicant must be a national of a qualifying treaty country.
The level of trade must be substantial.
The majority of trade must be between the U.S. and the treaty trader’s country of nationality.
An E-2 visa applicant must generally meet the following requirements:
The applicant must be a national of a country with which the U.S. maintains a commerce treaty.
The applicant must invest a substantial amount of capital in a bona fide enterprise.
The enterprise cannot be marginal
The applicant intends to enter the U.S. solely to develop and direct the enterprise.
The spouse and children of a treaty trader or treaty investor may accompany their family member without regard to their nationality.
Spouse’s of treaty trader or treaty investors may obtain unrestricted work authorization in the United States.
An employee, holding the same nationality as the of a treaty trader or treaty investor may enter the U.S. as an E-1 or E-2 non-immigrant if the employee will engage in executive or supervisory duties or if the employee has special qualifications that are essential to the operation of the company.
Both E-1 treaty traders and E-2 treaty investors may receive extensions of stay in the U.S. There is no specified number of extensions that may be granted. However, E-1 and E-2 non-immigrants must intend to depart the U.S. upon expiration or termination of their status.
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