| E-1 (treaty trader) and E-2 (treaty investor) visas are issued pursuant to bilateral treaties of friendship, commerce and navigation between the United States and various other countries. These treaties provide that a national of the treaty country involved may live and work in the United States for an employer sharing his/her nationality in certain specified capacities.
Treaty Countries which can apply for trade (E-1) or investment (E-2):
Brunei, Denmark, Greece, Albania, Argentina, Armenia, Australia, Austria, Azerbaijan; Bahrain, Bangladesh, Belgium, Bolivia, Bosnia & Herzegovina, Bulgaria, Canada, Cameroon, Chile, China (Taiwan); Colombia; Congo; Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kyrgyzstan, Lithuania, Liberia, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia & Montenegro, Singapore, Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, Uruguay, United Kingdom, Yugoslavia.
Treaties conferring only E-1 treaty-trader status exist with the following countries:
Argentina, Australia, Austria, Belgium, Bolivia, Bosnia, Brunei, Canada, Chile, China, (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, South Korea, Lithuania, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia & Montenegro, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Yugoslavia.
Treaties conferring only E-2 treaty-investor status exist with the following countries:
Albania, Argentina, Armenia, Australia, Austria, Azerbaijan; Bahrain, Bangladesh, Belgium, Bolivia, Bosnia & Herzegovina, Bulgaria, Canada, Cameroon, Chile, China (Taiwan); Colombia; Congo; Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kyrgyzstan, Lithuania, Liberia, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, Netherlands, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia & Montenegro, Singapore, Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, Uruguay, United Kingdom, Yugoslavia.
The E visa (whether E-1 or E-2) has several unique features. First, it is the only nonimmigrant visa to permit employment in the U.S. without the prior approval of a nonimmigrant visa petition by the USCIS. Direct filing with the Consulate or Embassy speeds up the approval process considerably.
E visa also potentially allows an indefinite duration of authorized stay in the United States. The E visa is usually issued for a period of five (5) years or less; however, there is no limitation as to the number of times the visa may be renewed as long as the conditions of visa eligibility continue to be met.
Both the E-1 and E-2 visas require that the employing company and the transferring individual meet certain eligibility requirements. For the U.S. company to qualify, it must be at least 50%-owned by a company which is owned by treaty country nationals or it must be at least 50% directly owned by treaty nationals who are not lawful permanent residents of the U.S. The foreign national to be transferred to the U.S. must be of the same nationality as the ultimate owner(s) of the U.S. company.
The two subcategories of E visas differ in their eligibility requirements. In the case of the E-1 (treaty trader) visa, the U.S. company must document that it is engaged in “substantial trade” between the U.S. and the treaty country. Substantial trade primarily refers to regular and frequent trade in goods or services. The trade between the U.S. and the treaty country must account for more than 50% of the U.S. company’s trading revenues.
In the case of the E-2 (treaty investor) visa, the foreign parent company or the individual investor must have made a “substantial investment” in the U.S. company. The term “substantial investment” is not defined by a minimum dollar amount.
Spouses and minor children of the E-1 or E-2 principal are also given E-1 or E-2 visas, and spouses are entitled to obtain separate work authorization by applying to the USCIS following arrival in the U.S.
In order to find out the necessary documentation for an E-1/E-2 petition, please click here for E-1, or here for E-2 |
