Treaty Trader (E-1) and Treaty Investor (E-2) visas are issued based on treaties of commerce between the United States and several countries. Individuals applying for E visas must therefore have a treaty country nationality.
The United States company or operation must also have treaty country nationality. The nationality of a firm is determined by the nationality of the individuals who own at least 50% of the firm, regardless of its place of incorporation. This is the case for both the E-1 and the E-2 visas.
An E visa application must be filed with the appropriate American Embassy or Consulate. VisaVersa has extensive experience with the preparation and filing of E-visa applications.
Spouses of E-visa holders may work in the United States after applying for work authorization from the USCIS.
Treaty Investor (E-2) requirements
- The investor has already invested, or is actively engaged in the process of investing, in the United States operation. The investor must have placed funds or assets at risk, or committed to placing them at risk, in the hope of generating a return. Loans secured by the assets of the United States operation or company cannot count toward the amount of the actual investment. The investor must be in the position to develop and direct the operation of the enterprise.
- The United States operation or company is, or will be, a real, operating commercial enterprise producing some service or commodity.
- The investment must be substantial. When there is an existing enterprise, "substantial" normally means the investment must be more than half the value of the enterprise. When the enterprise is being established, "substantial" normally means the amount considered necessary to establish a viable enterprise of the nature contemplated.
- The investment is more than a marginal one solely to earn a living for self and family.
Treaty Trader (E-1) requirements
- The United States company or operation is engaged in substantial trade. "Trade" means an actual exchange of goods or moneys. "Substantial" depends on the type of operation and the volume and amount of transactions. Trade in services such as banking, insurance, transportation, tourism, and communications can also qualify.
- The trade conducted by the United States company or operation is principally between the United States and the treaty country.