E Visa ( E-1 Treaty Trader/ E-2 Treaty Investor)
 

E-1 - Treaty Trader Visa

The first criterion that must be met is that an appropriate treaty must exist between the United States and the country.

Treaties exist between the US and the following countries providing for both E-1 and E-2 Visas:

Argentina Germany Oman
Australia Honduras Pakistan
Austria Iran Paraguay
Belgium Ireland Philippines
Bosnia Italy Slovenia
Canada Japan Spain
China (Taiwan) Korea Suriname
Colombia Liberia Sweden
Costa Rica Luxembourg Switzerland
Croatia Macedonia Thailand
Ethiopia Mexico Togo
Finland Netherlands Turkey
France Norway United Kingdom

Treaties conferring either E-1 or E-2 status are in existence with a number of other countries.

The nationality of the individual or business must be that of a qualifying country

Trade

  • the trading company must be engaged in trade i.e. the exchange of goods or services
  • the trade must be substantial
  • the trade must be "principally" between the US and the treaty country ( i.e. 50%+)
  • the employee must serve the company in a specified capacity: either managerial or involving essential skills
  • the trade must already exist

E-2 - Treaty Investor

Criteria

  • Investment must be substantial
  • Funds must be "at risk"
  • the qualifying investment must be in an enterprise producing some service or commodity ( buying of real estate without more will not qualify for E-2)
  • the investment must be more than "marginal" i.e. it must produce income in excess of that needed to support the applicant and his family. The usual indication of this is the creation of jobs for US nationals.

An applicant for an E-Visa need not establish an intent to live in the United States for a specific temporary period. He/She need not have an unabandoned foreign residence and need only express an intent to return to their home country

The spouse and children ( i.e. unmarried and under 21) of a Treaty Trader or Investor are entitled to the same classification as the principal alien. They do not have to have a qualifying nationality.


E Visas are usually processed by the Consulate in the applicants home country. They are usually issued for a period of five years with multiple entries. They can be renewed and many E-visa aliens remain in the United States for decades.