Visas for Treaty Traders and Investors

E-1 Treaty Trader Visa:

The E-1 Treaty Trader visa allows foreign nationals of treaty countries to come to the United States to engage in trade. To be eligible for the E-1 treaty trader, the law requires that:

• The individual or the firm has the nationality of the treaty country (at least half of the company must be owned by national of the treaty country).
• There must be a substantial trade (more than 50 percent) between the United States and the country of nationality. Trade include the exchange, purchase or sale of goods or services or the transfer of technology, or binding contracts which call for the exchange of trade.
• The individual is either the principal trader, who is coming to the U.S. to engage in substantial trade, or an executive, manager or employee with special skills essential to the company.
• Trade must be significant, which means a continuing flow or exchange of items, or that the income derived from trade is sufficient to support the Treaty Trader and family.

The E-1 visa may be granted for five years. Extensions are available if necessary. The family members of an E-1 visa holder may be issued the same visa.

 

E-2 Treaty Investor Visa:

Foreign nationals coming to the U.S. to seek out or establish an investment may do so in B-1 status, however, they cannot engage in the management or running of the enterprise once it is established until they have obtained  an E-2 visa. To be eligible for an E-2 Treaty Visa, the applicant must satisfy the following requirements:

• The individual or the company must have the nationality of the treaty country ( at least half of the company must be owned by nationals of the treaty country).
• The individual or the company has made or is in the process of making a substantial investment (generally in excess of $100,000 at risk) in a business in the U.S.
• The individual is either the principal investor who will direct and develop the enterprise, or an executive, manager or employee with special skills essential to the company.
• The investment has the present or future capacity to generate more than enough income to provide minimal living for the investor and his/her family or has a present or future capacity to make a significant economic contribution, such as providing substantial employment.

An E-2 visa may be granted for five years. The E-2 holder may file for an extension if necessary. Family members of an E-2 Visa holder may be issued the same visa.

 

Countries with Treaties for E-1 Visas:

Argentina, Aruba, Australia, Austria, Belgium, Bolivia, Bosnia & Herzegovina, Brunei, Canada, China (Taiwan), Columbia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Gibraltar, Greece, Honduras, Iran, Ireland, Israel, Italy, Macedonia, Mexico, Netherlands Antilles, Norway, Oman,  Pakistan, Paraguay, Philippines, Poland, Serbia, Montenegro, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, turkey, United Kingdom, Wallis & Futuna Islands.

 

Countries with Treaties for E-2 visas:

Albania, Argentina, Armenia, Aruba, Australia, Austria, Bangladesh, Belgium, Bosnia & Herzegovina, Bulgaria, Cameroon, Canada, China (Taiwan), Columbia, Congo, Costa Rica, Croatia, Czech Rep., Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Gibraltar, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Moldavia, Mongolia, Morocco, Netherlands Antilles, Poland, Romania, Senegal, Serbia, Montenegro, Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Wallis & Futuna Islands, and Zaire.

 

Countries pending treaties for E-2 Visas:

Azerbaijan, Belarus, Haiti, Jordan, Nicaragua, Russia Fed., and Uzbekistan.

DISCLAIMER: The information given in this website is intended as general information only and is not a substitute for the services of an immigration attorney in your specific case.