E-1 Treaty Trader & E-2 Treaty Investor Visas 

E-1 Visa Requirements & Criteria

To qualify for a treaty trader E-1 visa, you must meet the following criteria:

• The United States must maintain a treaty of commerce and navigation with your country of nationality;
• You must carry on substantial trade; and
• You must carry on principal trade between your treaty country and the United States.

Qualifying as an Employee of a Treaty Trader

You may qualify for an E visa as an employee of a treaty trader, if you meet the following criteria:

• You must be the same nationality of your principal foreign national employer, and the employer must have the same nationality as the treaty country;
• You must meet the legal definition of an “employee”; and
• You must be engaging and duties of an executive or a supervisory character, or you must have special qualifications if you are employed in a lesser capacity.

E-2 Visa Requirements & Criteria: Treaty Investor Visas for Entrepreneurs

If you are seeking to start up a business in the United States as an entrepreneur, you may qualify for the E-2 treaty investor visa if you meet certain criteria. The treaty investor visa is for those who will invest a substantial amount of capital into a commercial enterprise. The initial period of stay is two years can be extended in two-year increments. There is no limit to the amount of extensions you can have. This visa is for treaty investors who will work solely in the activity for which investment was made. As a treaty investor, you can also bring your spouse and unmarried children under age 21 as your dependents. They may be coming with you to the United States, or they may already be in the United States under another visa status.

Some of the qualifications and criteria for an E-2 treaty investor visa include:

• An intention to depart the US is required;
• You must be coming to the United States to invest in a new or existing enterprise;
• Your investment must be substantial;
• The capital of your investment must be at risk;
• You must invest in a bona fide enterprise;
• The enterprise must not be marginal; and
• The funds to be invested must be in your legal possession.

E-2 Visa Investments Defined

In the context of a treaty investor visa, an investment is defined as the irrevocable placement of capital, liquid cash, assets, and/or other valuable commodities at risk in the commercial sense with the hope of creating additional revenues. US regulatory provisions require the showing of certain criteria in order for a foreign national to receive an E-2 treaty investor visa designation.

Choose an Experienced Columbus Immigration Attorney

A knowledgeable immigration attorney can be an invaluable resource if you are an entrepreneur or investor looking to bring your business to the U.S. The attorneys at The Law Firm of Shihab & Associates focus exclusively on immigration law and would be happy to sit down with a potential investor and answer any questions and explain the process of the E-1 or E-2 status and other options that might be available. Of course, we are also available for any other immigration matters, whether corporate or personal.

If you have any questions about E visas or any other immigration visa category that you may be interested in pursuing, please contact our Columbus immigration lawyers at (888) 915-5057.