E Visas

Before entering the United States, treaty traders or investors must apply and receive an E-1, E-2 visa from a U.S. consulate or embassy overseas. However, a U.S. company may also request a change of status to E-1 or E-2 for a nonimmigrant that is already in the United States.

– Treaty Trader(E1)

Qualification for E-1 classification:
1. The applicant must be a citizen of a treaty country;
2. The trading firm for which the applicant is coming to the United States must have the nationality of the treaty country;
3. The international trade must be “substantial”. There must be a sizeable and continuing volume of trade (trade means the international exchange of goods, services, and technology);
4. The trade of the U.S. enterprise must be principally between the U.S. and the treaty country. More than 50 percent of the international trade involved must be between the U.S. and the country of the applicant’s nationality;
5. The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skill essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.; and
6. The applicant must intend to depart the U.S. when his/her E-1 status ends.

– Treaty Investors (E-2)

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation)  to be admitted to the United States when investing a substantial amount of capital in a U.S. business.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

– Who May File for Change of Status to E-2 Classification

1. If the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-2 classification.
2. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.
3. If they are physically outside the United States, then they must apply and receive an E-2 visa from a U.S. consulate or embassy overseas. Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-2 nonimmigrant.

– Qualifications of a Treaty Investor

To qualify for E-2 classification, the treaty investor must:

1. Be a national of a country with which the United States maintains a treaty of commerce and navigation
2. Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States and the funds have to be
“irrevocably” committed.
3. Be seeking to enter the United States solely to develop and direct the investment enterprise.  This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
4. The investment may not be marginal.  The enterprise must either show a financial return that significantly exceeds what is necessary to support a living for the investor or else the enterprise must have the capacity, present or future, to make a significant economic contribution;
5. The investor must have control of the funds, and the investment must be at risk in a commercial sense. If the funds are not subject to partial or total loss if business fortunes reverse, then the investment is not an investment. Loans secured with the assets of the investment enterprise do not qualify;
6. The applicant must intend to depart the U.S. when his/her E-2 status ends.

– Qualifications of the Employee of a Treaty Investor

To qualify for E-2 classification, the employee of a treaty investor must:

1. Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
2. Meet the definition of “employee” under relevant law
3. Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
4. Ordinary skilled or unskilled workers do not qualify.
5. The applicant must intend to depart the U.S. when his/her E-2 status ends. If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country.  These owners must be maintaining nonimmigrant treaty investor status.

– Period of Stay

1. Qualified treaty investors and employees will be allowed a maximum initial stay of two years.
2. Requests for extension of stay may be granted in increments of up to two years each.
3. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted.

4. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.
5. An E-2 nonimmigrant who travels abroad may generally be granted an automatic two- year period of readmission when returning to the United States.

– Terms and Conditions of E-2 Status

1. A treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted.
2. USCIS must approve any substantive change (such as, but not limited to, a merger, acquisition, or major event which affects the treaty investor or employee’s previously approved relationship with the organization) in the terms or conditions of E-2 status.
3. The treaty investor or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty investor or affected employee.

– Family of E-2 Treaty Investors and Employees

1. Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.
2. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.
3. If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee.
4. Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee.  If approved, there is no specific restriction as to where the E-2 spouse may work.

– How to Apply

If you are currently in the United States in a lawful nonimmigrant status, you may file Form I- 129, Petition for Nonimmigrant Worker, to adjust to an E-1 or E-2 status. A qualifying employer may also file Form I-129 on your behalf as well if you are an employee of a trader or investor.
1. Complete and sign Form I-129, Petition for a Nonimmigrant Worker.
2. Include the appropriate filing fee with the petition (including the biometrics fee if applicable).
3. Collect the necessary documents to show your eligibility.

If You are Outside the United States
You must apply and receive an E-2 visa from a U.S. consulate or embassy overseas.
1. Complete online the Nonimmigrant Visa Electronic Application (DS-160) form.
2. Pay the visa application fee.

3. Schedule your appointment.
4. Come to the U.S. Embassy for your visa interview (Bring Appointment Confirmation Page, One 5X5 cm photo on a white background for each applicant, and current and old passports for each applicant).