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You are here: Home / Investment Visas

Investment Visas

E-1/E-2 (Treaty Trader/Investor) Eligibility Requirements

immigration_visa

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

Client Resources

May 15, 2017

 

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