E-1 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. You must be coming to the United States to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country; or develop and direct the operations of an enterprise in which you have invested a substantial amount of capital.
An E-1 visa, known as a treaty trader visa, allows foreign nationals of specified nations to come to the U.S. and engage in the trade of goods and services. The individual must be a national of one of about 50 nations that have signed a treaty of commerce and navigation and must come to the U.S. to partake in substantial trade, demonstrated by a large and continuous volume, between the U.S. and his country. This visa must generally be renewed every two years, but there is no limit to how many times one can renew.
To qualify for a Treaty Trader (E-1) Visa
- You must be a citizen of a treaty country.
- The trading firm for which you 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.
- You 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.
E1 visa holders have the right to bring their families into the United States. Spouses and unmarried children under 21 years of age are welcomed and allowed many of the same privileges as the E1 visa holder. Spouses may work in the U.S. after receiving work authorization. Both spouses and children may study at any school or university without having to apply for a student visa.
While the E1 visa allows more freedom than many other types of visas, holders of this visa are still limited in some respects. Most notably, they are only allowed to work for the company that sponsored their visa. While E1 visa holders may study at universities in the U.S., they are not permitted to enroll in full-time programs, as that would become their primary interest in the U.S. Also, the visa only lasts for two years, meaning holders will have to go through the renewal process fairly often.
E -2 Visa
An E-2 visa, known as a treaty investor visa, allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. This visa must generally be renewed every two years, but there is no limit to how many times one can renew.
To qualify for a Treaty Investor (E-2) Visa
- The investor, either a person, 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 you and family, or it must have a significant economic impact in the United States.
- You 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.
- You must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.
E1 visa holders have the right to bring their families into the United States. Spouses and unmarried children under 21 years of age are welcomed and allowed many of the same privileges as the E1 visa holder. Spouses may work in the U.S. after receiving work authorization. Both spouses and children may study at any school or university without having to apply for a student visa.
While the E1 visa allows more freedom than many other types of visas, holders of this visa are still limited in some respects. Most notably, they are only allowed to work for the company that sponsored their visa. While E1 visa holders may study at universities in the U.S., they are not permitted to enroll in full-time programs, as that would become their primary interest in the U.S. Also, the visa only lasts for two years, meaning holders will have to go through the renewal process fairly often.