E1 & E2 VISAS APPLICATION
TREATY TRADERS AND TREATY INVESTORS
A national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital, may apply for the E-1 (treaty trader) or E-2 (treaty investor) visa. Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.
Applicants may include their spouses and unmarried children under 21 years of age, regardless of nationality, in their applications. However, dependents are not authorized to work in the United States.
In order to the apply for the E-1 or E-2 visa, the applicant must first meet several requirements.
REQUIREMENTS FOR TREATY TRADERS
The applicant must be a national of a treaty country and/or the trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country. The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade and the trade must be principally between the U.S. and the treaty country. Trade means the international exchange of goods, services, and technology.
The applicant must be 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.
REQUIREMENTS FOR TREATY INVESTORS
The investor, either a real or corporate person, must be a national of a treaty country. The investment must be substantial in that it must be sufficient to ensure the viability of the enterprise. For example, the percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment. The investor 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. The investment must generate significantly more income than just to provide a living to the investor and family and must be able to employ US citizens or residents within five years.
The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.
HOW TO APPLY FOR THE VISA
Applicants for visas should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. If the applicant is already in the United States under another type of nonimmigrant visa, the applicant may apply for a change of status with the United States Citizenship and Immigration Bureau.