The E-1 (Treaty Trader) and E-2 (Treaty Investor) visas are popular choices for individuals seeking to conduct business in the United States. This article outlines the key features of these visa categories, ideal for business professionals and entrepreneurs.
Understanding E-1 and E-2 Visas
The E-1 visa is designed for qualified individuals who engage in substantial trade between the U.S. and their home country, while the E-2 visa is for those who make a significant investment in a U.S. business.
Application Process
There are two main pathways to apply for E-1 and E-2 visas:
1. U.S. Consulate Application: Similar to a tourist visa application, this process involves completing forms, gathering documents, and scheduling an interview at a U.S. Consulate. Consulate officials evaluate the trade or investment’s substantiality and other requirements.
2. Change of Status in the U.S.: Applicants already in the U.S. can file for a “Change of Status” through the United States Citizenship and Immigration Services (USCIS). This requires a legal status in the U.S. and completing Form I-129.
The interview is a critical part of the application process, where officials assess the applicant’s business overview and their role in the company. Questions may include details about business operations and specific transactions.
Eligibility Requirements
1. Citizenship of a Treaty Country: Applicants must be citizens of a country with which the U.S. has a Treaty of Commerce and Navigation.
•E-1 Visa: The applicant’s company must also be from a treaty country.
•E-2 Visa: At least 50% of the business must be owned by nationals of the treaty country.
2. Role in the Business: Applicants can be the investor/trader themselves, or in executive, supervisory, or specialized roles within the company.
•Executives and Supervisors: Must demonstrate the ability to develop and direct business operations in the U.S.
•Specialized Employees: Must possess unique skills essential for the business, which cannot be fulfilled by a U.S. resident.
3. Substantial Trade or Investment:
•E-1 Visa: The trade must be substantial with a significant volume.
•E-2 Visa: The investment should be real, active, and involve financial risk.
Although there is no official minimum amount, investments or trade worth at least $80,000 to $100,000 are generally considered substantial.
4. Intent to Return: Applicants must intend to leave the U.S. upon the expiration of their visa status.
Required Documents
•DS Forms (DS-160 and DS-156)
•Personal documents such as a passport, marriage certificate, diplomas
•A statement of intent to return to your home country
•Tax returns of the company
•A business plan
•Company documents like Articles of Incorporation and agreements
•Invoices and bills to demonstrate trade and investment volume
