E-1 Treaty Trader Visa and E-2 Treaty Investor Visa

These categories allow foreign nationals from treaty countries to be admitted into the U.S. to engage in international trade. Applications can be filed with USCIS or directly at U.S. Embassies / Consulates world-wide.

For a list of treaty countries (with applicable commerce and navigation treaties) please consult: https://travel.state.gov/content/visas/en/fees/treaty.html.

E-1 Treaty Traders

This nonimmigrant classification admits nationals of a treaty country to the U.S. for the purpose of engaging in international trade on their own behalf.  Some employees of the traders/or qualifying organization may also be eligible for an E-1 visa.

E-1 visa requirements mandate that the Treaty Trader:

  • Is a national whose country has a participating treaty with the U.S.
  • Carries on what USCIS designates as “substantial” trade, and also
  • Carries on what USCIS designates as “principal trade” (meaning over 50% of the volume of international trade) between trader’s treaty country and the U.S.

Employee Qualifications for E-1 Classification:

  • Is of same nationality as the principal treaty trader employer
  • Meets definition of ‘employee’ under relevant law
  • Engages in duties of executive or supervisor or possess special work qualifications

Period of Stay for E-1 Visa

  • Maximum initial stay of 2 years
  • Extensions may be granted in increments up to 2 years (no maximum limit to number of extensions)
  • All E-1 nonimmigrants must maintain an intention to depart the U.S. at the end of stay.

Family of E-1 Visa Treaty Traders

  • Spouses and children (unmarried/under age of 21) may accompany treaty traders and employees
  • Family members may seek E-1 nonimmigrant classification as dependents
  • If E-1 classification is approved, family members generally are granted the same period of stay as the employee.

E-2 Treaty Investors

This nonimmigrant classification admits nationals of a treaty country to the U.S. when they are investing substantial capital in a U.S. enterprise. Some employees of the investors/or qualifying organization may also be eligible for an E-2 visa.

E-2 visa requirements mandate that the Treaty Investor:

  • Is a national whose country has a participating treaty with the U.S.
  • Has or is investing substantial capital in a U.S. enterprise
  • Seeks to enter the U.S. for the purpose of developing and directing the investment enterprise (must show at least a 50% ownership or operational control

Employee Qualifications for E-2 Classification:

  • Is of same nationality as the principal treaty trader employer
  • Meets definition of ‘employee’ under relevant law
  • Engages in duties of executive or supervisor or possess special work qualifications

Period of Stay for E-2 Visa:

  • Maximum initial stay of 2 years
  • Extensions may be granted in increments up to 2 years (no maximum limit to number of extensions)
  • All E-1 nonimmigrants must maintain an intention to depart the U.S. at the end of stay.

Family of E-2 Visa Treaty Investors:

  • Spouses and children (unmarried/under age of 21) may accompany treaty investors and employees
  • Family members may seek E-2 nonimmigrant classification as dependents
  • If E-2 classification is approved, family members generally are granted the same period of stay as the employee.

How Schunk Law Can Help

The E-1 and E-2 visa application process is complex.  Schunk Law can help with all aspects of the application and filing process for applicants, their employees and families.

 

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