Treaty Trader & Investor (E) Visa

Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation.

I. Brief Introduction about E-1 and E-2 Visa

E-1 Visa The E-1 visa is one method for ensuring healthy commerce with the world. The E-1 Visa is issued to individuals known as “Treaty Traders”. A treaty trader is defined as a national of a country with which the United States maintains a treaty of commerce and navigation.

Treaty Traders (E-1) must be a citizen of a treaty country. The trading firm for which Treaty Traders (E-1) plan to come to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise. The international trade must be substantial, meaning that there is a sizable and continuing volume of trade. More than 50 percent of the international trade involved must be between the United States and the treaty country. Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other. Treaty Traders (E-1) must be an essential employee, 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.

Treaty Traders’ spouse and children may join them under the same status. Treaty Traders’ employees, or the employees of their treaty company, may also receive E-1 visas.
E-2 Visa The E-2 visa is one way the U.S. ensures healthy commerce with the world. The E-2 visa is issued to individuals known as “Treaty Investors”. A treaty investor is defined as a national of a country with which the United States maintains a treaty of commerce and navigation.

Treaty Investors (E-2) including personal, partnership, or corporate entity, must have the citizenship of a treaty country. If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality. The investment must be substantial, with investment funds or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise. The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment. It must generate significantly more income than just to provide a living to Treaty Investors (E-2) and their family, or it must have a significant economic impact in the United States. Treaty Investors (E-2) 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. Treaty Investors (E-2) must be coming to the United States to develop and direct the enterprise. If Treaty Investors (E-2) are not the principal investor, they must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Treaty Investors may petition for permanent immigration status. Treaty Investors’ spouse and/or children under the age of 21 may accompany them under E-2 status. Treaty Investors’ employees may also be eligible for the E-2 Visa.

II. Procedures for applying for a E-1 and E-2 Visa at the U.S. Consulate:

  • Complete Form DS-160, Online Nonimmigrant Visa Application at https://ceac.state.gov/genniv/, upload photos while completing the online Form I-160, and print the confirmation page for interview
  • Pay the non-refundable visa application fee
  • Make an appointment for an interview at the U.S. Embassy or Consulate

III. Procedures for applying for a E-1 and E-2 Extension or Change of Status with the USCIS:

  • Complete Form I-129 and E-1/E-2 Classification Supplement
  • Pay filing fee with USCIS
  • Provide all required evidence and supporting documentation

IV. Documents Required for applying a E-1 and E-2 Visa at the U.S. Consulate:

  1. Valid Passport: Applicant’s passport must be valid for at least six months beyond his/her period of stay in the U.S.
  2. Form DS-160 Confirmation Page
  3. Application fee payment receipt
  4. Photo – Applicant will be required upload photo while completing the online Form DS-160; if uploading photo failed, Applicant will be required submit one printed photo to the U.S. embassy or consulate during the interview.
    • Applicant’s photos or digital images must be:
      • In color
      • Sized such that the head is between 1 inch and 1 3/8 inches (22 mm and 35 mm) or 50% and 69% of the image’s total height from the bottom of the chin to the top of the head.
      • Taken within the last 6 months to reflect your current appearance
      • Taken in front of a plain white or off-white background
      • Taken in full-face view directly facing the camera
      • With a neutral facial expression and both eyes open
      • Taken in clothing that you normally wear on a daily basis
      • Uniforms should not be worn in your photo, except religious clothing that is worn daily.
      • Do not wear a hat or head covering that obscures the hair or hairline, unless worn daily for a religious purpose. Your full face must be visible, and the head covering must not cast any shadows on your face.
      • Headphones, wireless hands-free devices, or similar items are not acceptable in your photo.
      • Eyeglasses are no longer allowed in new visa photos, except in rare circumstances when eyeglasses cannot be removed for medical reasons; e.g., the applicant has recently had ocular surgery and the eyeglasses are necessary to protect the applicant’s eyes. A medical statement signed by a medical professional/health practitioner must be provided in these cases. If the eyeglasses are accepted for medical reasons:
        • The frames of the eyeglasses must not cover the eye(s).
        • There must not be glare on eyeglasses that obscures the eye(s).
        • There must not be shadows or refraction from the eyeglasses that obscures the eye(s).
      • If you normally wear a hearing device or similar articles, they may be worn in your photo.
  5. Form DS-156 for all E-1 Treaty trader visa applicant and E-2 treaty investor visa applicants, if you are an Executive/ Manager/ Essential Employee;
  6. Documentation proof that the trading enterprise or investment enterprise meets the requirements of the law and complies with the many requirements for the E visa category. The consular officer may provide you with special forms to complete for this purpose. You should expect that the consular officer will request additional documentation to determine your eligibility for a treaty trader or treaty investor visa. It is impossible to specify the exact documentation required since circumstances vary greatly by applicant. For detailed requirements for this category, please review: https://fam.state.gov/FAM/09FAM/09FAM040209.html

V. Documents Required for applying a E-1 and E-2 Extension or Change of Status with the USCIS:

E-1

  1. Form I-129 and the E-1/E-2 Classification Supplement to Form I-129;
  2. Evidence that the E-1 trader will carry on substantial trade principally between the United States and the alien’s country of nationality, or, in the case of an E-1 employee of the E-1 trader, evidence that the employee will principally and primarily perform executive or supervisory duties or possesses special qualifications essential to the enterprise;
  3. Evidence the applicant has maintained status, if filing for a change of status or extension of stay;
  4. Information about the ownership and nationality of the E-1 treaty trader
  5. Evidence of substantial trade

E-2

  1. Form I-129 and the E-1/E-2 Classification Supplement to Form I-129;
  2. Evidence that the E-2 investor will develop and direct the operations of a U.S. enterprise in which they have invested or are in the process of investing a substantial amount of capital or, in the case of an E-2 employee of the E-2 investor, evidence that the employee will principally and primarily perform executive or supervisory duties or possesses special qualifications essential to the enterprise
  3. Evidence the applicant has maintained status, if filing for a change of status or extension of stay
  4. Information about the nationality and ownership of the U.S. commercial enterprise
  5. Evidence of nationality of the E-2 treaty investor or employee applicant
  6. Evidence of substantial investment

VI. Additional Notes

  • Please refer to https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html for list of treaty countries.
  • Requests for extension of stay in, or changes of status to, E-1 classification may be granted in increments of up to two years each. There is no limit to the number of extensions an E-1 nonimmigrant may be granted. All E-1 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated. An E-1 nonimmigrant who travels abroad may generally be granted, if determined admissible by a U.S. Customs and Border Patrol Officer, an automatic two-year period of readmission when returning to the United States.