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E

Treaty Traders and 

Treaty Investors

E Treaty Traders

and Treaty Investors

E-1 and E-2 are nonimmigrant classifications available to citizens of foreign countries which have a treaty of commerce and navigation, or a bilateral investment treaty providing for nonimmigrant entries, with the U.S. They allow qualified treaty country nationals to live and work in the U.S.

E-1 Eligibility

E-1 is a nonimmigrant classification allowing national of a treaty country to engage in international trade between the U.S. and the treaty country. To qualify for E-1, one must meet the following requirements:​

01. Be a national of a country with which the United States maintains a treaty of commerce and navigation;

02. Carry on substantial trade;

03. Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.

E-2 Eligibility

E-2 is a nonimmigrant classification allowing a treaty country citizen when investing a substantial amount of capital in a U.S. business who wishes to develop and direct the operation in the U.S. To qualify for E-2, one must meet the following requirements:​

01. Be a national of a country with which the United States maintains a treaty of commerce and navigation;

02. Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States;

03. 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.

Frequently Asked Questions

What are treaty countries?

See travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html for a current list of countries with which the United States maintains a treaty of commerce and navigation.

How long can E visa holder stay in the U.S.?

 

Usually E visa is initially granted for 2 years. If eligible, it can be extended in increments of up to 2 years. There is no maximum limit to the number of extensions an E nonimmigrant may be granted.

Where can an E-1/E-2 petition filed?

If outside of the U.S., one should apply for E-1/E-2 through consular processing at a U.S. embassy or consulate abroad and will receive E-1/E-2 status upon entry into the U.S. on their E-1/E-2 visa. If currently in the U.S. one may file Form I-129 to request a change of status to E-1/E-2 classification.