Realizing Your American Dream Through Investment & Trade

E-1 Visa: Treaty Traders

The E-1 Visa is available to nationals of countries that maintain a commerce and navigation treaty with the U.S., allowing them to enter the country to engage in substantial international trade.

• Eligibility: To qualify, the applicant must be a citizen of a treaty country and conduct significant trade between the U.S. and their home country. The trade can involve goods, services, banking, insurance, and technology, among others.
• Substantial Trade: Trade must be substantial, meaning it involves continuous flow and volume between the U.S. and the treaty country.
• Duration: The visa is issued for an initial 2-year period, but can be renewed indefinitely as long as the trade continues.
  

E-2 Visa: Treaty Investors

The E-2 Visa is a non-immigrant visa for nationals of treaty countries who invest a significant amount of capital in a U.S. business, allowing them to manage and direct the enterprise.

• Eligibility: Applicants must be from a treaty country, invest a substantial amount of capital in a U.S. business, and have at least 50% ownership or operational control of the business.
• Substantial Investment: While there is no set minimum, the investment must be enough to ensure the business is viable and operational.
• Duration: E-2 visas are typically issued for an initial period of 2 years, with unlimited renewals as long as the business remains viable and the investment is sustained.
  

What Are the Differences Between E-1 and E-2 Visas?

Treaty trader and investor visas, though similar are distinct in purpose. Both visas are nonimmigrant visas based on treaties and allow the visa holder to work in the United States, the key distinction lies in the nature of the activities they are designed for. The E-1 Treaty Trader Visa is primarily for nationals of treaty countries who are engaged in substantial trade activities with the United States. This includes trade in goods, services or technology. On the other hand, the E-2 Investor Visa is aimed at individuals who wish to invest a significant amount of capital in a U.S. business. This requires the investor to be actively involved in the running of the business, which should also contribute positively to the U.S. economy. Therefore, the choice between an E-1 and E-2 visa largely depends on an individual's primary purpose of doing business in the U.S. trade or investment.

An E-3 visa is an entirely different type of visa, similar to the H-1B visa. Both of which are outlined on the Temporary Work Visa page.

Ways to Obtain E-1 / E-2 Visas in the US

The process of obtaining an E-1 or E-2 visa is quite complicated and cumbersome. The requirements and manner of submission vary depending on the type of business and the consular post through which the application will be processed. Our business immigration lawyers have the experience necessary to ensure that your application complies with the regulations, the ability to evaluate whether an investment will be sufficient, and the knowledge of both the type and amount of evidence necessary to ensure an application is complete for submission the first time.

Below is a brief description of the E-1 Treaty Trader and E-2 Treaty Investor visas:

• E-1 Treaty Trader: Intends to enter the U.S. solely to develop and direct a business in which at least 50% of the total volume of international commercial trade of goods and services is with the Treaty Trader’s country of nationality. The applicant must work in an executive/supervisory position or possess skills essential to the firm’s operations in the United States. Nationals of the treaty country must own at least 50% of the business as a partner, shareholder, or sole proprietorship.
• E-2 Treaty Investor: Intends to enter the U.S. solely to develop and direct a business in which he or she has invested or is in the process of investing in, or be an essential worker of the company. The treaty investor must manage the business and not compete in the market as a skilled laborer. Nationals of the treaty country must own at least 50% of the business as a partner, shareholder, or sole proprietorship. The treaty investor must make a substantial investment of his or her own funds into the business. The funds must be “at risk.” The investment must not be “marginal”, that is, must be sufficient to ensure success in the business, and the investor must have sufficient funds to live beyond the revenues generated by the investment.
  

Business Plan Preparation: The Key to Visa Approval

A well-prepared business plan is crucial to the success of your investor or entrepreneurial visa application. Our team of legal experts collaborates with you to develop a compelling business plan that highlights the viability and potential of your business venture in the U.S.

• Comprehensive Business Plan Development: We assist in crafting a detailed business plan that outlines your business model, market analysis, financial projections, and employment impact, ensuring it meets the specific requirements of your visa category.
  
  
• Document Preparation and Filing: Our attorneys work closely with you to gather and prepare all necessary documentation, ensuring that your application is complete and convincing.