E-1/E-2 (Treaty Trader/Investor) Eligibility Requirements
The nonimmigrant E classification is for nationals of a country with which the U.S. has an appropriate treaty of commerce and navigation or equivalent pact. In the case of the E-1, they are coming to the U.S. to carry on substantial trade, including trade in services or technology, chiefly between the U.S. and the treaty country; in the case of the E-2, they are coming to the U.S. to direct and develop the operations of an enterprise in which they have invested, or are actively in the process of investing a substantial amount of capital. An applicant may qualify as the trader or investor or as an employee of a qualifying trader or investor company having the same nationality.
E-1 Treaty Trader
Trade is defined as “the existing international exchange of items of trade for consideration between the U.S. and the treaty country.” Domestic trade is not international trade and is therefore not counted when considering what is substantial trade. According to the Department of tate, Items of trade “include but are not limited to goods, services, international banking, insurance monies, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and some news-gathering activities.” The USCIS definition also includes “data processing, advertising, accounting, design and engineering, and management consulting.” Goods are “tangible commodities or merchandise having extrinsic value.” Services are “legitimate economic activities which provide other than tangible goods.” Service is interpreted “in an expansive fashion.”
The trade must be principally between U.S. and treaty country. Principally meaning more than 50% of total volume of international trade between U.S. and treaty country. The amount of trade must be sufficient to insure a continuous flow of international trade between the U.S. and the treaty country.” It cannot be based on a single transaction, regardless of how protracted or monetarily valuable.
E-2 Treaty Investor
The basis of the E-2 classification lies in treaties intended to enhance and facilitate economic and commercial interaction between the United States and the treaty country. Therefore, a treaty of Freedom, Commerce, and Navigation must exist between the United States and the country of the applicant’s nationality. Bilateral investment treaties (BITs) also have been held to be equivalent to an FCN treaty. A treaty country also includes a foreign state that is accorded treaty visa privileges by specific legislation, such as the North American Free Trade Agreement Implementation Act.
The most common question we receive is how much must I invest, The answer is derived from a three part test; part one is the amount of qualifying funds invested weighed against the total cost of purchasing or creating the enterprise; part two is the amount normally considered sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise; and part three is a magnitude of investment to support the likelihood that the investor will successfully develop and direct the enterprise. Please remember the investment must have the present or future capacity to generate more than minimal living for investor and family.
|
COUNTRY |
CLASSIFICATION |
ENTERED INTO FORCE |
|
Albania |
E-2 |
01/04/1998 |
|
Argentina |
E-1 |
12/20/1854 |
|
Argentina |
E-2 |
12/20/1854 |
|
Armenia |
E-2 |
03/29/1996 |
|
Australia |
E-1 |
12/16/1991 |
|
Australia |
E-2 |
12/27/1991 |
|
Australia 13 |
E-3 |
09/02/2005 |
|
Austria |
E-1 |
05/27/1931 |
|
Austria |
E-2 |
05/27/1931 |
|
Azerbaijan |
E-2 |
08/02/1901 [sic] |
|
Bahrain |
E-2 |
05/30/1901 [sic] |
|
Bangladesh |
E-2 |
07/25/1989 |
|
Belgium |
E-1 |
10/03/1963 |
|
Belgium |
E-2 |
10/03/1963 |
|
Bolivia |
E-1 |
11/09/1862 |
|
Bolivia |
E-2 |
06/06/2001 |
|
Bosnia & Herzegovina |
E-1 |
11/15/1982 [sic] |
|
Bosnia & Herzegovina |
E-2 |
11/15/1982 [sic] |
|
Brunei |
E-1 |
07/11/1853 |
|
Bulgaria |
E-2 |
06/02/1954 |
|
Cameroon |
E-2 |
04/06/1989 |
|
Canada |
E-1 |
01/01/1993 |
|
Canada |
E-2 |
01/01/1993 |
|
Chile |
E-1 |
01/01/2004 |
|
Chile |
E-2 |
01/01/2004 |
|
Chile 12 |
H1B-1 |
01/01/2004 |
|
China (Taiwan) 1 |
E-1 |
11/30/1948 |
|
China (Taiwan) 1 |
E-2 |
11/30/1948 |
|
Colombia |
E-1 |
06/10/1948 |
|
Colombia |
E-2 |
06/10/1948 |
|
Congo (Brazzaville) |
E-2 |
08/13/1994 |
|
Congo, (Kinshasa) |
E-2 |
07/28/1989 |
|
Costa Rica |
E-1 |
05/26/1852 |
|
Costa Rica |
E-2 |
05/26/1852 |
|
Croatia 11 |
E-1 |
11/15/1982 [sic] |
|
Croatia 11 |
E-2 |
11/15/1982 [sic] |
|
Czech Republic 2 |
E-2 |
01/01/1993 |
|
Denmark 3 |
E-1 |
07/30/1961 |
|
Ecuador |
E-2 |
05/11/1997 |
|
Egypt |
E-2 |
06/27/1992 |
|
Estonia |
E-1 |
05/22/1926 |
|
Estonia |
E-2 |
02/16/1997 |
|
Ethiopia |
E-1 |
10/08/1953 |
|
Ethiopia |
E-2 |
10/08/1953 |
|
Finland |
E-1 |
08/10/1934 |
|
Finland |
E-2 |
12/01/1992 |
|
France 4 |
E-1 |
12/21/1960 |
|
France 4 |
E-2 |
12/21/1960 |
|
Georgia |
E-2 |
08/17/1997 |
|
Germany |
E-1 |
07/14/1956 |
|
Germany |
E-2 |
07/14/1956. |
|
Greece |
E-1 |
10/13/1954 |
|
Grenada |
E-2 |
03/03/1989 |
|
Honduras |
E-1 |
07/19/1928 |
|
Honduras |
E-2 |
07/19/1928 |
|
Iran |
E-1 |
06/16/1957 |
|
Iran |
E-2 |
06/16/1957 |
|
Ireland |
E-1 |
09/14/1950 |
|
Ireland |
E-2 |
11/18/1992 |
|
Israel |
E-1 |
04/03/1954 |
|
Italy |
E-1 |
07/26/1949 |
|
Italy |
E-2 |
07/26/1949 |
|
Jamaica |
E-2 |
03/07/1997 |
|
Japan 5 |
E-1 |
10/30/1953 |
|
Japan 5 |
E-2 |
10/30/1953 |
|
Jordan |
E-1 |
12/17/2001 |
|
Jordan |
E-2 |
12/17/2001 |
|
Kazakhstan |
E-2 |
01/12/1994 |
|
Korea (South) |
E-1 |
11/07/1957 |
|
Korea (South) |
E-2 |
11/07/1957 |
|
Kyrgyzstan |
E-2 |
01/12/1994 |
|
Latvia |
E-1 |
07/25/1928 |
|
Latvia |
E-2 |
12/26/1996 |
|
Liberia |
E-1 |
11/21/1939 |
|
Liberia |
E-2 |
11/21/1939 |
|
Lithuania |
E-2 |
11/22/2001 |
|
Luxembourg |
E-1 |
03/28/1963 |
|
Luxembourg |
E-2 |
03/28/1963 |
|
Macedonia |
E-1 |
11/15/1982 [sic] |
|
Macedonia |
E-2 |
11/15/1982 [sic] |
|
Mexico |
E-1 |
01/01/1994 |
|
Mexico |
E-2 |
01/01/1994 |
|
Moldova |
E-2 |
11/25/1994 |
|
Mongolia |
E-2 |
01/01/1997 |
|
Morocco |
E-2 |
05/29/1991 |
|
Netherlands 6 |
E-1 |
12/05/1957 |
|
Netherlands 6 |
E-2 |
12/05/1957 |
|
Norway 7 |
E-1 |
01/18/1928 |
|
Norway 7 |
E-2 |
01/18/1928 |
|
Oman |
E-1 |
06/11/1960 |
|
Oman |
E-2 |
06/11/1960 |
|
Pakistan |
E-1 |
02/12/1961 |
|
Pakistan |
E-2 |
02/12/1961 |
|
Panama |
E-2 |
05/30/1991 |
|
Paraguay |
E-1 |
03/07/1860 |
|
Paraguay |
E-2 |
03/07/1860 |
|
Philippines |
E-1 |
09/06/1955 |
|
Philippines |
E-2 |
09/06/1955 |
|
Poland |
E-2 |
08/06/1994 |
|
Romania |
E-2 |
01/15/1994 |
|
Senegal |
E-2 |
10/25/1990 |
|
Singapore |
E-1 |
01/01/2004 |
|
Singapore |
E-2 |
01/01/2004 |
|
Singapore 12 |
H1B-1 |
01/01/2004 |
|
Slovak Rep 2 |
E-2 |
01/01/1993 |
|
Slovenia 11 |
E-1 |
11/15/1982 [sic] |
|
Slovenia 11 |
E-2 |
11/15/1982 [sic] |
|
Spain 8 |
E-1 |
04/14/1903 |
|
Spain 8 |
E-2 |
04/14/1903 |
|
Sri Lanka |
E-2 |
05/01/1993 |
|
Suriname 9 |
E-1 |
02/10/1963 |
|
Suriname 9 |
E-2 |
02/10/1963 |
|
Sweden |
E-1 |
02/20/1992 |
|
Sweden |
E-2 |
02/20/1992 |
|
Switzerland |
E-1 |
11/08/1855 |
|
Switzerland |
E-2 |
11/08/1855 |
|
Thailand |
E-1 |
06/08/1968 |
|
Thailand |
E-2 |
06/08/1968 |
|
Togo |
E-1 |
02/05/1967 |
|
Togo |
E-2 |
02/05/1967 |
|
Trinidad & Tobago |
E-2 |
12/26/1996 |
|
Tunisia |
E-2 |
02/07/1993 |
|
Turkey |
E-1 |
02/15/1933 |
|
Turkey |
E-2 |
05/18/1990 |
|
Ukraine |
E-2 |
11/16/1996 |
|
United Kingdom 10 |
E-1 |
07/03/1815 |
|
United Kingdom 10 |
E-2 |
07/03/1815 |
|
Yugoslavia 11 |
E-1 |
11/15/1882 |
|
Yugoslavia 11 |
E-2 |
11/15/1882 |