E-1/E-1 Visa
The E-1 and E-2 visas are U.S. nonimmigrant visas for individuals from countries with which the U.S. has a treaty of commerce and navigation. These visas facilitate trade and investment activities between the treaty country and the United States.
E-1 Visa: Treaty Trader Visa
The E-1 visa allows individuals or employees of companies from treaty countries to enter the U.S. to engage in substantial international trade.
Key Features of the E-1 Visa
Purpose:
- To conduct substantial trade in goods, services, or technology between the U.S. and the treaty country.
Eligibility:
- The individual must be a citizen of a treaty country.
- The trading business must be at least 50% owned by nationals of the treaty country.
- The trade must be substantial, meaning regular and continuous exchanges of goods, services, or technology.
- At least 50% of the total trade must occur between the U.S. and the treaty country.
Allowed Activities:
- Oversee or manage trade operations.
- Work in a supervisory or essential capacity for the trading business.
E-2 Visa: Treaty Investor Visa
The E-2 visa allows nationals of treaty countries to enter the U.S. to direct and develop the operations of a business in which they have invested or are actively investing a substantial amount of capital.
Key Features of the E-2 Visa
Purpose:
- To develop and direct a business investment in the U.S.
Eligibility:
- The individual must be a citizen of a treaty country.
- A substantial investment must have been made or is in the process of being made.
- The investment must be sufficient to ensure the success of the business.
- The applicant must have at least 50% ownership of the business or operational control.
Allowed Activities:
- Manage or direct the business.
- Work in a supervisory or essential role.
Substantial Investment:
- There is no minimum amount, but the investment must be proportional to the total cost of the business and sufficient to operate it successfully.
Commonalities Between E-1 and E-2 Visas
| Feature | E-1 Visa | E-2 Visa |
|---|---|---|
| Country Eligibility | Must be a citizen of a treaty country | Must be a citizen of a treaty country |
| Employer Relationship | Treaty country company with substantial trade | Treaty country company with substantial investment |
| Dependents | Spouses and children (under 21) can apply for E-1/E-2 dependent visas. Spouses can work in the U.S. with an approved EAD. | |
| Validity | Typically valid for 2-5 years and renewable indefinitely as long as the conditions are met. | |
| Dual Intent | Not explicitly allowed, but extensions are possible, and some may transition to green cards through other pathways. |
Eligibility Requirements
For the Employer or Business:
- Must be owned and controlled by nationals of the treaty country.
- For E-1, at least 50% of trade must be between the U.S. and treaty country.
- For E-2, investment must be substantial and at-risk, with funds irrevocably committed to the business.
For the Applicant:
- Must have the same nationality as the treaty country business.
- Enter the U.S. solely to carry out the business purpose (trade or investment).
- Work must be in an executive, supervisory, or specialized knowledge capacity.
Application Process
Step 1: Determine Eligibility
- Verify the individual and business qualify under the treaty country requirements.
Step 2: Submit Visa Application
- Applicants outside the U.S. apply at a U.S. embassy or consulate.
- If applying from within the U.S., file Form I-129 (Petition for a Nonimmigrant Worker).
Step 3: Attend Visa Interview
- Applicants attend an interview at the U.S. embassy or consulate where the visa officer assesses their eligibility.
Required Documents:
- Valid passport.
- Proof of treaty country citizenship.
- Evidence of substantial trade or investment (business contracts, financial records, or proof of ownership).
- DS-160 form confirmation (nonimmigrant visa application).
Advantages of E-1/E-2 Visas
- Flexibility:
- Renewable indefinitely as long as qualifications are maintained.
- Dependent Benefits:
- Spouses can work in the U.S. with an approved EAD.
- Children can attend school but cannot work.
- Business Opportunities:
- Encourages international trade and investment in the U.S.
Limitations of E-1/E-2 Visas
- Nationality Restriction:
- Only available to citizens of treaty countries.
- No Direct Path to Green Card:
- These visas are nonimmigrant and do not directly lead to permanent residency, though some may qualify for green cards through other categories.
- Job and Employer Dependency:
- Work is restricted to the treaty business that sponsors the visa.
Eligible Treaty Countries
- Examples of treaty countries include Japan, Germany, Mexico, Canada, Australia, and the United Kingdom. (The full list is maintained by the U.S. Department of State.)
- Click for eligible countries as of December 2024