E-1 TREATY TRADER AND E-2 TREATY INVESTOR VISAS
E-1 and E-2 Visas are for foreign business persons, investors, managers, and employees who want to stay in the United States for an extended time to oversee: (1) a commercial enterprise that is engaged in trade between the United States and a foreign country; or (2) a major investment in the United States. Only nationals of a country with a trade and commerce treaty with the United States are eligible for an E-1 or E-2 Visa. You must be a national of a country on this list, but do not necessarily need to currently live there.
E-1 TREATY TRADER VISA
The E-1 Treaty Trader Visa is used to remain in the United States to oversee a business engaged in trade between the United States and a foreign country. The purpose of this visa is to facilitate international trade.
To qualify for an E1 Visa, an applicant must meet the following requirements:
E-2 TREATY INVESTOR VISAS
The E-2 “treaty investor” visa permits individuals from treaty countries to conduct business in the US on an ongoing basis. E-2 visa holders must make a substantial investment in a U.S. business that is majority-owned by his or her countrymen.
The important difference between E-1 and E-2 visas is that E-2 visa holders must make a sizable investment in a U.S. concern in order to qualify. The size of investment may vary, but an investor must generally invest at least $50,000 in a qualifying company. In some cases, the threshold may be as high as $200,000. You must also must furnish proof the investment is adequate to fund company operations for a fixed period of time and will require the creation of new jobs for American citizens or permanent residents.
To qualify for an E2 Treaty Investor Visa, an applicant must meet the following requirements:
Applications for E-1 and E-2 visas are generally submitted at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Each applicant must submit these forms and documentation: (i) Online Nonimmigrant Visa Electronic Application, Form DS-160; (ii) Nonimmigrant Treaty Trader/Treaty Investor Application, Form DS-156E, completed and signed; (iii) a passport valid for travel to the U.S. and with a validity date at least six months beyond the applicant’s intended period of stay in the U.S. If more than one person is included in the passport, each person must complete a Form DS-160 application; and (iv) One (1) 2×2 photograph.
An applicant establish their business complies with the visa requirements, and the consulate is likely to request additional documentation. It is impossible to specify the exact documentation required since circumstances vary from one case to the other.