Treaty Trade & Investment

The following information describes the two types of non-immigrant visas for persons wishing to invest in or trade with a company in the U.S.: a Treaty Trader visa (E-1) or a Treaty Investor visa (E-2). Please note that neither of these visas is a substitute for an immigrant visa. Persons wishing to remain indefinitely in the U.S. should apply for the appropriate immigrant visa.

A national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country; or to develop and direct the operations of an enterprise in which the national has invested; or is in the process of investing a substantial amount of capital, may qualify for a nonimmigrant Treaty Trader or Treaty Investor visa.

Requirements: Treaty Trader (E-1)

• The applicant must be a national of a treaty country;  
• The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country;  
• The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;
• The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;
• The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify; and
• The applicant intends to depart the United States when the E-1 status terminates.

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Requirements: Treaty Investor (E-2)

• The investor, either a real or corporate person, must be a national of a treaty country;
• The applicant has invested or is in the process of investing
• The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with assets of the investment enterprise are not allowed; 
• The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;
• The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;
• The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;
• The applicant is in a position to "develop and direct" the enterprise
• If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify; and
• Applicant intends to depart the United States when the E2 status terminates.

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Spouses and children

Spouses and unmarried children under 21 years of age, regardless of nationality, who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative E visas. If applying separately from the principal, a copy of the marriage certificate and/or birth certificate(s) for the child(ren) will be required. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas.  Spouses of E visa holders may seek employment authorization on derivative E visas. For further information, please contact the USCIS on your arrival in the United States.

Special Application Procedures

Applicants for E visas should submit all Required Documents and evidence to establish that the trading/investing enterprise meets the requirements of the law in advance of their appointment.  The documents may be delivered to the Information Window, Monday through Friday 8:30 a.m. - 12:00 p.m. or they may be sent to the NIV section through DHL.  After the documents are reviewed, applicants will be called to schedule an interview.
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