The E visa category includes the E-1 Treaty Trader visa and the E-2 Treaty Investor visa. These visas are for citizens of countries with which the United States maintains a treaty of commerce and navigation. The E-1 visa is for individuals who engage in substantial trade between the U.S. and their treaty country, while the E-2 visa is for individuals who invest a substantial amount of capital in a U.S. business.
Key Features
- Purpose: To engage in substantial trade between the U.S. and the applicant’s treaty country.
- Trade: Must be of a substantial nature and involve the flow of goods, services, or technology.
- Ownership: The trading firm must be at least 50% owned by nationals of the treaty country.
- Purpose: To develop and direct the operations of an enterprise in which the applicant has invested a substantial amount of capital.
- Investment: Must be substantial and sufficient to ensure the successful operation of the enterprise.
- Ownership: The investment enterprise must be at least 50% owned by nationals of the treaty country.
- Argentina
- Australia
- Austria
- Belgium
- Bolivia
- Bosnia and Herzegovina
- Brunei
- Canada
- Chile
- China (Taiwan)
- Colombia
- Costa Rica
- Croatia
- Denmark
- Estonia
- Ethiopia
- Finland
- France
- Germany
- Greece
- Honduras
- Iran
- Ireland
- Israel
- Italy
- Japan
- Jordan
- South Korea
- Kosovo
- Latvia
- Liberia
- Luxembourg
- North Macedonia
- Mexico
- Montenegro
- Netherlands
- New Zealand
- Norway
- Oman
- Pakistan
- Paraguay
- Philippines
- Poland
- Serbia
- Singapore
- Slovenia
- Spain
- Suriname
- Sweden
- Switzerland
- Thailand
- Togo
- Turkey
- United Kingdom
- Yugoslavia (Serbia and Montenegro)
- Zambia
- Albania
- Argentina
- Armenia
- Australia
- Austria
- Azerbaijan
- Bahrain
- Bangladesh
- Belgium
- Bolivia
- Bosnia and Herzegovina
- Bulgaria
- Cameroon
- Canada
- Chile
- China (Taiwan)
- Colombia
- Congo (Brazzaville)
- Congo (Kinshasa)
- Costa Rica
- Croatia
- Czech Republic
- Denmark
- Ecuador
- Egypt
- Estonia
- Ethiopia
- Finland
- France
- Georgia
- Germany
- Grenada
- Honduras
- Iran
- Ireland
- Israel
- Italy
- Jamaica
- Japan
- Jordan
- Kazakhstan
- South Korea
- Kosovo
- Kyrgyzstan
- Latvia
- Liberia
- Lithuania
- Luxembourg
- North Macedonia
- Mexico
- Moldova
- Mongolia
- Montenegro
- Morocco
- Netherlands
- New Zealand
- Norway
- Oman
- Pakistan
- Panama
- Paraguay
- Philippines
- Poland
- Romania
- Senegal
- Serbia
- Singapore
- Slovakia
- Slovenia
- Spain
- Sri Lanka
- Suriname
- Sweden
- Switzerland
- Thailand
- Togo
- Trinidad & Tobago
- Tunisia
- Turkey
- Ukraine
- United Kingdom
- Yugoslavia (Serbia and Montenegro)
- Zambia
Eligibility Criteria
General Eligibility
- Treaty Country: The applicant must be a national of a country with which the U.S. has a treaty of commerce and navigation.
- Intent to Depart: The applicant must intend to depart the U.S. when their E visa status ends.
- Substantial Trade: The trade between the U.S. and the treaty country must be substantial, meaning a significant and continuous flow of trade items.
- Principal Trade: More than 50% of the total international trade involved must be between the U.S. and the treaty country.
- Executive or Supervisory Position: The applicant must be employed in a supervisory or executive capacity, or possess specialized skills essential to the business operations.
- Substantial Investment: The investment must be substantial, meaning sufficient to ensure the successful operation of the enterprise. There is no minimum dollar amount, but it must be significant relative to the total cost of the enterprise.
- Active Investment: The investment must be in a real operating enterprise, not a passive investment such as stocks or undeveloped land.
- Marginality: The enterprise must generate more than enough income to provide a minimal living for the investor and their family or have a significant economic impact in the U.S.
- Executive or Supervisory Position: The applicant must be coming to the U.S. to develop and direct the investment enterprise.
Required Documents
- Form DS-160: Complete the Online Nonimmigrant Visa Application form.
- Form DS-156E: For E-1 and E-2 applications, the Nonimmigrant Treaty Trader / Investor Application.
- Passport: Valid for at least six months beyond the intended period of stay in the U.S.
- Photograph: A recent photograph meeting U.S. visa requirements.
- Proof of Treaty Country Nationality: Passport or other documents proving nationality.
- Employment Letter (E-1): Letter from the employer detailing the applicant’s role, the nature of the trade, and the substantiality of the trade.
- Investment Proof (E-2): Evidence of investment such as bank statements, contracts, financial statements, business plans, tax returns, and employment records.
- Ownership Evidence: Proof that the trading or investment enterprise is at least 50% owned by nationals of the treaty country.
- Intent to Depart: Evidence demonstrating the applicant’s intent to depart the U.S. once their E status ends.
Application Process
- Complete Form DS-160: Fill out and submit the DS-160 form online.
- Pay Visa Application Fee: Pay the non-refundable visa application fee.
- Submit Form DS-156E: For E-1 and E-2 applications, submit the DS-156E form.
- Schedule Visa Interview: Schedule an interview at the U.S. embassy or consulate in your home country.
- Prepare Documents: Gather all required documents, including passport, photograph, employment letter (E-1), investment proof (E-2), and ownership evidence.
- Attend Visa Interview: Attend the visa interview and answer questions about your trade or investment activities and intent to depart the U.S.
- Visa Decision: The consular officer will make a decision based on the interview and submitted documents.
- Receive Visa: If approved, receive your visa and prepare for your trip to the U.S.
Costs
Expense | Cost (USD) |
---|---|
Visa Application Fee | $205 |
Visa Processing Time
- Processing Time: Typically varies from a few days to several weeks, depending on the U.S. embassy or consulate and the applicant’s circumstances.
Key Points to Remember
- Treaty Country Requirement: The applicant must be a national of a treaty country.
- Substantial Trade or Investment: The trade or investment must be substantial and not marginal.
- Nonimmigrant Intent: The applicant must demonstrate the intent to return to their home country after their E visa status ends.
- Executive or Supervisory Role: The applicant must be in a position to develop and direct the trade or investment enterprise.
- Compliance: Follow all visa regulations to maintain status and avoid violations that could affect future U.S. visa applications.
Conclusion
The E-1 Treaty Trader and E-2 Treaty Investor Visas provide opportunities for foreign nationals from treaty countries to engage in substantial trade or investment activities in the United States. By meeting the specific eligibility criteria, providing the required documentation, and following the application process carefully, applicants can obtain these visas and contribute to the U.S. economy through their business endeavors.
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