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Treaty Traders/Investors (E-1 and E-2 Visas)
This visa category is available only to nationals of countries that have
entered into treaties of friendship, commerce and navigation or bilateral
investment treaties with the United States. It enables executives or supervisors
or people with essential skills to work in the U.S.: (a) for a company (or
individual) engaged in substantial import or export with the treaty country (E-1
visa), or (b) for a company (or individual) that has invested a substantial
amount of money in a business in the U.S. (E-2 visa). In either case, the
business must be owned at least 50 percent by the visa applicant or by nationals
of the visa applicant's treaty country who are not permanent residents or
citizens of the United States. An E-2 visa applicant may also qualify based upon
his or her own investment of a substantial amount of money in a business in the
United States so long as the applicant is developing or directing the business,
even if the applicant will not be employed by the business.
The
qualification of an E-1 treaty trader company is based upon regular, ongoing
trade of goods or services, a majority of which must be with the treaty country.
Qualification as an E-2 treaty investor company is based upon the substantiality
of investment, which is not defined by any specific dollar amount, but rather by
a comparison of the investment with the total value of the business or,
especially in the case of a new business, with the amount normally considered
necessary to establish a viable business of the nature contemplated.
The E visa may be issued for several years, with the exact amount
depending on the reciprocity schedule and the consul's discretion. However, the
E visa holder may only be admitted to the United States for a maximum initial
period of two years with an unlimited number of two-year extensions possible. As
long as the qualifying investment continues, the extensions of stay are
permitted without limitation.
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