Investor / Trade Visa (E-2 / E-1)
Treaty Trader (E-1) and Treaty Investor (E-2) visas can be issued to citizens of countries with which the United States maintains treaties of commerce and navigation - List of Treaty Countries. Unlike other visas that authorize employment, you can apply for the E visa directly at a U.S. Consulate without prior approval by the U.S. Citizenship and Immigration Service.
To qualify for a Treaty Trader (E-1) Visa:
To qualify for a Treaty Investor (E-2) Visa:
To qualify for a Treaty Trader (E-1) Visa:
- You must be a citizen of a treaty country.
- Seek to work for a trading company in the United States that is majority owned by you or others with the same treaty country’s nationality.
- The company's 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.
- engage in substantial trade, including trade in services or technology, that is 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.
To qualify for a Treaty Investor (E-2) Visa:
- You must be a citizen of a treaty country.
- Seek to work for a U.S. enterprise which is majority owned by you or others with the same treaty country's nationality.
- Such majority owners must have invested or are in the process of investing substantial funds or assets. Uncommitted funds in a bank account or similar security are not considered an investment. There is no standard amount for an investment to be considered substantial. The required investment rather depends greatly on the nature of the enterprise and how much funds it takes to reach an operational stage.
- Funds or assets must be irrevocably committed and sufficient to ensure the successful operation of the enterprise.
- The investment must be in a real operating enterprise, an active commercial undertaking. A speculative or idle investment does not qualify.
- The investment 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.