E-1/E-2 Eligibility Requirements

Treaties between the United States and many countries allow foreign nationals to come to the United States to conduct trade or to manage substantial investments. Unlike the $1 million threshold for the permanent resident investor visa, there is no fixed minimum dollar amount for treaty investment. Those qualifying for the E-1(Trader) or E-2 (Investor) visas can pursue long-term business objectives using these practical visas. Be sure to consult with an attorney experienced in investor visas to be certain that your case is prepared correctly.

Who Qualifies for an E-1 Treaty Trader Visa?

A person may be issued an E-1 Treaty Trader visa if:
• The individual or the company has the nationality of the treaty country (at least half of the company must be owned by nationals of the treaty country)
• There is substantial trade (more than 50 percent of the company’s international trade) between the United States and the treaty country. “Trade”includes the exchange, purchase, or sale of goods or services; the transfer of technology; and binding contracts that call for the immediate exchange of items of trade. Such trade must be continuous and ongoing
• The individual is either the principal trader who is coming to the United States to engage insubstantial trade, or an executive, manager, or employee with special skills essential to the company
Please click on this link to see the countries the United States has the necessary treaty in place for the E-1 Visa

Who Qualifies for an E-2 Treaty Investor Visa?

A person may be issued an E-2 Treaty Investor visa if:
• The individual or the company has the nationality of the treaty country (at least half of the company must be owned by nationals of the treaty country)
• The individual or the company has made or is in the process of making a substantial capital investment (relative to the total value of the company) in a bona fide business enterprise in the United States
• The individual is either the principal investor who will direct and develop the enterprise, or an executive, supervisor, or employee whose services are essential to the efficient operation of the U.S. company
• The investment has the present or future capacity to generate more than enough income to provide minimal living for the investor and his or her family, or has a present or future capacity to make a significant economic contribution.

How Long Can E Visa Holders Remain in the United States?

E visas are generally issued for five years. Extensions of stay in the United States may be granted as long as eligibility continues and the treaty remains in force.

At the border, E visa holders are admitted to the United States for two years at each entry (notwithstanding the visa-validity period). Extensions of stay in the United States may be granted for up to two years at a time from the appropriate U.S. Citizenship and Immigration Services (USCIS) service center.

An E visa may be reissued for up to five years at the home consulate with submission of appropriate documentation establishing the ongoing trade or continuing operation of the business investment enterprise.

The spouse and children of E visa holder do not require treaty country nationality. Children may attend school and spouses in E status are eligible to apply for an employment authorization document.
We have successfully prepared numerous E visa applications for applicants all over the world and to allow individuals to change their status here in the United States.