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A person may be issued an E-1 treaty Trader visa if:
The individual or the firm has the nationality of the treaty country (at least half of the company must be owned by national of the treaty country).
There must be substantial trade (more than 50 percent) between the U.S. and the country of nationality. Trade includes the exchange, purchase or sale of goods or services or the transfer of technology, or binding contracts, which call for the exchange of items of trade.
The individual is either the principal trader, who is coming to the U.S. to engage in substantial trade, or an executive, manager or employee with special skills essential to the company.
Trade must be substantial, which means a continuing flow or exchange of items, or that the income derived from trade is sufficient to support the treaty Trader and family.
Who qualifies for an E-2 Treaty Investor Visa?
A person may be issued an E-2 treaty Investor visa if:
The individual or firm 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 investment (generally in excess of $100,00 at risk) in a business in the United States.
The individual is either the principal investor, who will direct and develop the enterprise, or an executive, manager or employee with special skills essential to the company.
The investment has the present or future capacity to generate more than enough income to provide minimal living for the investor and family or has a present or future capacity to make a significant economic contribution, such as providing substantial employment.
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. Extensions of stay in the Unites States may be granted for up to two years at a time from the appropriate Immigration Regional Service Center.
An E visa can be reissued for an additional five years at the home Consulate or by the State Department Visa Office in Washington, DC before the termination of the original E visa without the need to return to the home country.
Spouse and children of E visa holder may attend school but cannot be employed.
Countries (currently) with Treaties for E-1 and E-2 Visas.
Countries with Treaties for E-1 Visas:
Argentina, Aruba, Australia, Austria, Belgium, Bolivia, Bosnia & Herzegovina, Brunei, Canada, China (Taiwan), Columbia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Gibraltar, Greece, Honduras, Iran, Ireland, Israel, Italy, Macedonia, Mexico, Netherlands Antilles, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia Montenegro, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Wallis & Futura Islands, and Western Sahara.
Countries with treaties for E-2 Visas
Albania, Argentina, Armenia, Aruba, Australia, Austria, Bangladesh, Belgium, Bosnia & Herzegovina, Bulgaria, Cameroon, Canada, China (Taiwan), Columbia, Congo, Costa Rica, Croatia, Czech Rep., Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Gibraltar, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Moldavia, Mongolia, Morocco, Netherlands Antilles, Poland, Romania, Senegal, Serbia Montenegra, Slovakia, Solvenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Wallis & Futura Islands, Western Sahara, and Zaire.
Countries Pending Treaties for E-2 Visas
Azerbaijan, Belarus, Haiti, Jordan Nicaragua, Russia Fed., and Uzbekistan.
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 one million-dollar threshold for the permanent resident investor visa, there is no fixed 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.
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