Treaty Traders and Investors

E-1 and E-2 Visas

TheThe Immigration and Nationality Act provides nonimmigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital. This is known as the E-1 or E-2 Visa.

Requirements: Treaty Trader (E-1 Visa)

• The applicant must be a national of a treaty country;

• The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country;

• The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;

• The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;

• Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other; and

• The applicant must be 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.

Requirements: Treaty Investor (E-2 Visa)

• The investor, either a real or corporate person, must be a national of a treaty country;
  The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;
• The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;
• The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;
• The investor 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; and
• The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Applying for the Visa

Applicants for visas should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.  As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79.  Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate.  The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on our website at Visa Wait Times, and on most embassy websites.  During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken.  Some applicants will need additional screening, and will be notified when they apply.

Required Documentation

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• An application Form DS-156E, completed and signed. Blank forms are available without charge at all U.S. consular offices.
• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements  provide exemptions). If more than one person is included in the passport, each person must complete an application.
• One (1) 2x2 photograph. See the required photo format explained in Nonimmigrant Photograph Requirements.
• All male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, must complete and submit a form DS-157 in addition to the Nonimmigrant Visa Application (DS-156E).
• As part of the visa application process, an interview at the embassy consular section is required for almost all visa applicants. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. During the visa interview, an ink-free, digital fingerprint scan will be quickly taken, as well as a digital photo. Some applicants will need additional screening, and will be notified when they apply.

Optional Documentation

An applicant for a Treaty Trader (E-1) or Treaty Investor (E-2) visa must first establish that the trading enterprise or investment enterprise meets the requirements of the law. The consular officer will provide the applicant with special forms for this purpose. An applicant may also be asked to provide evidence, which illustrates that the stay in the U.S. will be temporary. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.

Time Limits

Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.

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