E Visas - Treaty Traders and Investors

E visas are for those entering the U.S. to engage in trade or investment services or activities. These visas can only be issued if the U.S. has a treaty with the alien's country. Below is a listing of countries which have multilateral treaties with the United States.

There are two types of E visas: E-1 (trader) and E-2 (investor).

 

• E-1 "Treaty Trader" visas
  E-1 visas are for individuals involved in the exchange, purchase or sale of goods/services or merchandise. Services include technology transfer, architecture and engineering services, management consulting or accounting. The trade in goods and services should be substantial, as defined by the INS, in terms of value, volume or a large number of small transactions. The trade must also meet the following criteria:
  1. The trade must be principally with the treaty country.
  2. More than 50% of the total volume of international trade must be between the U.S. and the treaty country.
  3. The amount of trade must be sufficient to ensure a continuous flow of international trade between the U.S. and the treaty country.
  4. Trade can be binding contracts that call for the future exchange of items.
  5. Income derived from the value of numerous transactions that is sufficient to support the trades and his/her family is a favorable factor.

• E-2 "Treaty Investor" visas
  E-2 visas are for owners and investors in businesses in the United States. The E-2 is a non-immigrant visa that may be granted for substantial investments in the U.S. An investment must meet several criteria in order to qualify for an E-2 visa. These criteria include:

  1. Showing that "substantial" investment or funds are available and committed to the investment;
  2. The investment must be in an active business as opposed to passive investment such as purchasing a home;
  3. At least 50% of the business must be owned by an alien from a country which has a treaty with the United States;
  4. The investment must create enough profit to provide a living for more than just the alien and his/her family.

  There is no minimum amount of investment necessary to obtain an E-2 visa, and whether an amount will be considered "substantial" depends on the type of business involved, the number of jobs created the alien's personal assets, etc. In most cases, the investment must be at least $100,000USD.

  Employees of E-2 companies may be granted E-2 visas if they are or will be engaged in duties that are executive, managerial, or supervisory in nature. If employed in a minor capacity, the employee may be granted E-2 visa if he or she has special qualifications that make the services to be rendered essential to the enterprise.

  The spouse and children (unmarried and under 21) of E-1 or E-2 visa holders are entitled to the same E-1 or E-2 classification as the principal.

• Countries which have Signed Treaties for E-1 and / or E-2 visas

  The following countries allow both E-1 and E-2 visas.

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

  Treaties conferring only E-1 treaty-trader status exist with the following countries:

  • Bolivia
  • Brunei
  • Denmark
  • Greece
  • Israel
  • Latvia

  Treaties conferring only E-2 treaty-investor status exist with the following countries:

  • Armenia
  • Bangladesh
  • Bulgaria
  • Cameroon
  • Congo
  • Czech Republic
  • Ecuador
  • Egypt
  • Grenada
  • Kazakhstan
  • Kyrgyzstan
  • Moldova
  • Mongolia
  • Morocco
  • Panama
  • Poland
  • Romania
  • Senegal
  • Slovak Republic
  • Sri Lanka
  • Trinidad & Tobago
  • Tunisia
  • Ukraine
  • Zaire

Nothing on this or associated pages, documents, articles or other communications should be taken as legal advice for any individual case or situation.  The information is intended to be general and should not be relied upon for any specific situation.  For legal advice, consult an attorney experienced in immigration law.