E-1 and E-2 Visa

For both the E-1 and E-2 visas, a treaty between the United States and the country of the foreign national’s citizenship must exist. The United States has entered into treaties with 79 countries, allowing foreign business people to obtain E-1 and E-2 visas for business purposes. The foreign national must also be coming to the U.S. to be employed as an executive, manager, or “essential” worker.

Treaty Trader E-1 Visa

The E-1 visa is for foreigners coming into the United States to carry on substantial trade. One may qualify as the principal trader or as an employee of a trader company with the same nationality. For this visa, the petitioning company should prove that it is engaged in “substantial” trade between the United States and the foreign worker’s country of nationality. Over half of the total volume of international trade must be between the United States and the treaty country of which the foreign national is a citizen.

The main requirements for a treaty trader E-1 visa are as follows

• Beneficiary must be a national of a treaty country.
• The trading firm for which the beneficiary is coming to the U.S. for must have the nationality of the treaty country.
• The international trade must be “substantial”.
• The applicant must be in a managerial or supervisory position, as opposed to unskilled workers with ordinary skills. Other personnel with special qualifications that make the skills provided essential to the operation of the business may also qualify.
• The trade must be principally between the U.S. and the treaty country, defined as that of having over 50% of international trade be between the U.S. and the treaty country.
• Trade is defined as the international exchange of goods, services, and technology.

A treaty trader may be admitted for an initial period of two years. The spouse and minor children can be admitted for the validity period of the principal applicant.

Treaty Investor E-2 Visa

The E-2 treaty investor visa is a non-immigrant visa that allows foreign entrepreneurs from treaty nations to enter into the U.S. and carry out investment and trade activities, which includes the purchase of a new business.

For an E-2 visa, the applicant or employing company must have invested or be in the process of investing a substantial amount of capital in the business enterprise. An applicant may qualify as the principal investor or as an employee of an investor company having the same nationality. The “proportionality test” is the standard employed, which requires the investment to be an amount normally considered “necessary” to establish an enterprise.  The lower the cost of the business, the higher the percentage of investment is required. The higher the cost of the business, the lower the percentage of investment required. No specific percentages are mandated in order for an investment to meet the “substantial” standard.

The main requirements for a treaty trader E-1 visa are as follows:

• Applicant must be a citizen of a treaty country involved in international trade.
• The investment must be “at risk” and substantial. It can’t be a passive investment.
• The investment should create job opportunities for U.S. workers.
• Applicant must have a key role such as a managerial or supervisory position within the company.
• The operation must be income generating.

A treaty investor may be admitted for an initial period of two years. The spouse and minor children can be admitted for the validity period of the principal applicant.