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.