E-1/E-2 Treaty Traders and Investors

The E-1 Treaty Trader visa allows a national from a treaty country to be admitted to the U.S. to engage in international trade. If the Treaty Trader is currently in the U.S. in a lawful status, they may file a request for change of status to an E-1 Trader. A Treaty Trader visa can also be acquired while abroad. The Treaty Trader must engage in substantial trade between the U.S. and the treaty country. There is no minimum requirement regarding the monetary value of the trade involved. Each case will be evaluated seperately. The Treaty Trader may be accompanied by their spouse and children under the age of 21. 

 

A Treaty Trader may also petition for an E-1 visa for their employees. An employee must share the same nationality as the principle trader, must meet the definition of an "employee," and must either be engaging in duties of an executive or supervisor, or have special qualifications.  

 

REQUIREMENTS: 

 

  • Be a national of a country with which the U.S. has a current treaty of commerce and navigation. 

  • Must carry substantial trade. 

  • Must also carry principal trade between the U.S. and the treaty country. 

  • Treaty Trader, spouse and chilren must be admissible to the U.S. 

  • Employee of Treaty Trader must be the same nationality of the principal employer.  

 

The E2 Treaty Investor visa allows a national of a treaty country to be admitted to the U.S. when investing a substantial amount of capial in a U.S. business. If the Treaty Investor is currently in the U.S. in a lawful status, they may file a change of status request to an E-2 Treaty Investor. A Treaty Investor visa can also be acquired while abroad. The Treaty Investor must be seeking entry into the U.S. to develop and direct the investment enterprise. The Treaty Investor may be accompanied by their spouse and childern under the age of 21. 

 

A Treaty Investor may also petition for an E-2 visa for their employees. The employee must share the same nationality as the principal investor, must meet the definition of an "employee," and must engaging in duties of an executive or supervisior, or have special qualifications. 

 

REQUIREMENTS: 

 

  • Be a national of a country with which the U.S. has a current treaty of commerce and navigation. 

  • Must have invested or is currently in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S.

  • Must own at least 50% of the U.S. enterprise and must retain control of the management of the business. 

  • Treaty Investor, spouse and children must be admissible to the U.S. 

  • Employee of Treaty Investor must be the same nationality of the principal employer.  

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