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:
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Be a national of a country with which the United States maintains a treaty of commerce and navigation;
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Carry on substantial trade;
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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:
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Be a national of a country with which the United States maintains a treaty of commerce and navigation;
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Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States;
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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.
What is the validity period of an E visa? Can it be renewed?
E visas are typically issued for an initial period of two years. They may be renewed indefinitely in two-year increments, as long as the underlying business or qualifying activity continues to operate. There is no maximum limit on the total length of stay, provided the applicant continues to meet all E visa eligibility requirements.
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.