E-1 & E-2

INVESTOR TRADOR & TREATY TRADER VISAS

E-2 TREATY INVESTOR VISA

The E-2 Treaty Investor visa exists for citizens of countries that maintain treaties of commerce and navigation with the United States. In order to qualify for an E-2 visa the applicant must be coming to the U.S. to oversee the operations of an enterprise in which they have invested.

The applicant’s spouse and children under age 21 may apply for derivative E-2 visas. The spouse is eligible for work authorization, children are not. The duration of E visas is governed by the treaty, and by diplomatic reciprocity tables.

A qualifying E-2 company can also apply for E-2 visas for specialized essential employees, executives, or managers who are nationals of the treaty country and whose services are required in the US.

BASIC REQUIREMENTS

  • Nationality- you must be a citizen of a treaty country

  • Investment must be substantial

  • Enterprise must be real and operating

  • Investor must have control of the funds, and investment must be “at-risk”

  • Investor must have controlling interest, and intend to develop and direct the enterprise

  • Enterprise must be more than marginal

E-2 investments are not formulaic. There is no minimum investment, number of employees, and no required size or type of business. There is a great deal of flexibility on how the investment funds are deployed.

At the same time, some of the requirements can be very restrictive. There is no flexibility on the nationality of the business or owners, or on the ownership percentage or role of the investor applicant in the business.

BUILDING A STRONG E-2 CASE

If you have an idea and the entrepreneurial drive to execute, along with access to a modest amount of capital (and are a national of an E-2 treaty country), you can potentially build an E-2 case.

Strong E-2 cases tell a compelling story – it is as much a sales pitch as it is a legal case. The business plan must convey the entrepreneurial spirit of the investor and the positive local, regional, or national economic impact. Presentation is important. The business plan and analytical cover letter must be concise and organized.

E-1 TREATY TRADER VISA

The  E-1 Treaty Trader visa exists for citizens of countries that maintain treaties of commerce and navigation with the United States. In order to qualify for an E-1 visa the applicant must be coming to the U.S. to conduct trade between the U.S. and the treaty country.

The applicant’s spouse and children under age 21 may apply for derivative E-1 visas. The spouse is eligible for work authorization, children are not. The duration of E visas is governed by the treaty, and by diplomatic reciprocity tables.

BASIC REQUIREMENTS

The E-1 Treaty Trader visa is used much less often than the E-2. The E-1 exists for a company that has substantial trade with the owner’s home country. This trade can be goods, technology, or services.

  • Nationality – you must be a citizen of a treaty country. See the list here: treaty countries.

  • The trading firm you work for must have the nationality of the treaty country (must own at least 50%)

  • Trade must be substantial

  • More than 50% of the international trade must be between the U.S. and the treaty country

  • You must be an essential employee, employed in a supervisory or executive capacity, and must possess specialized skills essential to the firm.