E-1 and E-2 Visas

The E-1 and E-2 visa are available for treaty traders and treaty investors. The company and/or individual applying for one of these visas must be a national of a country that has a treaty or other qualifying agreement with the US government that allows for this type of visa. The countries eligible are listed at the end of this report.

In accordance with the State Department's Foreign Affairs Manual (FAM), the requirements for (E-1) Treaty Trader include:

(1) The requisite treaty must exist;
(2) The individual and/or business possesses the nationality of the treaty country;
(3) The activities constitute trade within the meaning of the immigration laws;
(4) Such trade is substantial [see 9 FAM 41.51 N5 below];
(5) Such trade is principally between the United States and the treaty country;
(6) The applicant, if an employee, is destined to an executive/ supervisory position or possesses skills essential to the firm's operations in the United States; and
(7) The applicant intends to depart the United States when the E-1 status terminates.

The requirements for E-2 Treaty Investor are:

(1) Requisite treaty exists;
(2) Individual and/or business possess the nationality of the treaty country;
(3) Applicant has invested or is actively in the process of investing;
(4) Enterprise is a real and operating commercial enterprise;
(5) Applicant's investment is substantial;
(6) Investment is more than a marginal one solely for earning a living;
(7) Applicant is in a position to "develop and direct" the enterprise;
(8) Applicant, if an employee, is destined to an executive/ supervisory position or possesses skills essential to the firm's operations in the United States; and
(9) Applicant intends to depart the United States when the E-2 statues terminates.

Documentation that is needed to support these visas is as follows:

E-1:
1. Proof of nationality of the business and/or the individual;
2. Bills of lading or other documentation of international trade;
3. Contracts for trade;
4. Proof that more than 50% of the business' trade is with the USA; and
5. Proof that the volume of trade is substantial.

E-2:
1. Proof of nationality of the business and/or the individual;
2. Proof of the investment in the US business;
3. Proof that the investment is substantial;
4. Proof that the investment is more than marginal, i.e. it is for more than solely earning a living for the investor; and
5. If for an employee of an E company, proof that the employee has the appropriate nationality and will be working in the USA in an executive, managerial, supervisory position, or has special expertise that makes him/her essential to the enterprise.

The E visa can be granted for up to a five (5) year period and can be extended as long as the E requirements continue to be met. Admission to the USA is usually granted in one (1) or two (2) year increments.

Treaties Containing Trader and Treaty Investor Provisions in Effect Between the United States and Other Countries (9 FAM 41.50, § 41.51 Exhibit I)
(TL:VISA-193; 06-04-1999)

* currently not included, based on an Executive Order