Treaty Traders & Treaty Investors
Engage in international trade or invest in a U.S. business.
Book a 30 min consultation and have an immigration lawyer advise you on your options based on your individual circumstances.
The Treaty Trader and Treaty Investor visas allow individuals from certain countries to come to the United States to engage in international trade or to invest in and develop a U.S. business. E Visas are for citizens of countries that maintain treaties of commerce with the United States.
Visa Types
E-1 Treaty Trader Visa
The E-1 Treaty Trader visa is for individuals who are citizens of a country that has a treaty of commerce and navigation with the United States, and who are coming to the United States to engage in substantial trade, including trade in goods, services, and technology, primarily between the United States and the individual’s country of nationality. To be eligible for an E-1 visa, the individual must be an essential employee of the trading company, and must have a key role in the international trade being conducted.
E-2 Treaty Investor Visa
The E-2 Treaty Investor visa is for individuals who are citizens of a country that has a treaty of commerce and navigation with the United States, and who are coming to the United States to develop and direct the operations of an enterprise in which the individual has invested, or is actively in the process of investing, a substantial amount of capital. To be eligible for an E-2 visa, the investment must be sufficient to ensure the successful operation of the enterprise, and must be more than a marginal enterprise solely for the purpose of earning a living.
Treaty Traders & Investors Visa benefits
There are several benefits to obtaining a Treaty Trader (E-1) or Treaty Investor (E-2) visa:
No size limitation: If you have a small business you might still be eligible to obtain an E-1 or E-2 visa, depending on the type of the business.
Length of stay: Your E-1 or E-2 visa will generally be granted for a period of up to five years (with an initial admission period of 2 years), and may be renewed indefinitely as long as you continue to qualify for the visa and the treaty between the United States and your country of nationality remains in effect.
Family members: Your E-1 or E-2 visa will allow your spouse and children to come to the United States as dependents, and they might be eligible to work without applying for a separate work authorization.
No quotas: There are no annual quotas (numerical caps) for E-1 and E-2 visas, so they are generally available to qualified individuals regardless of the time of year.
Access to the U.S. market: Your E-1 or E-2 visa will allow you to enter the United States to engage in international trade or to invest in and develop a U.S. business, giving you access to the large and lucrative U.S. market.
Potential for future employment: Your E-1 or E-2 visa can serve as a stepping stone to other employment-based visas or a green card, allowing you to potentially work and live in the United States permanently.
- Treaty Countries: Many countries are eligible to apply under this category. To see if your home country is one treaty countries, please visit: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html.
- Subsidiary Employment: Treaty employees may perform work for the parent treaty organization or any subsidiary of the parent company.
General Requirements
To be eligible for a Treaty Trader (E-1) visa, you must:
Be a citizen of a country that has a treaty of commerce and navigation with the United States. This list includes Canada, Mexico, and many others.
Be coming to the United States to engage in trade in goods, services, and technology, transportation etc. primarily between the United States and your country of nationality.
Carry on principal trade with the US, which means that over 50% of the total volume of your international business must be with the US.
Engage in “substantial”, ongoing trade with the US, which means multiple transactions over time to ensure a continuous flow of international trade between the U.S. and the treaty country
Be an executive, supervisor, or essential employee of the trading company, and have a key role in the international trade being conducted.
To be eligible for a Treaty Investor (E-2) visa, you must:
Be a national of a country that has a treaty of commerce and navigation with the United States. This list includes Canada, Mexico, and many others.
Be coming to the United States to develop and direct the operations of the investment enterprise. This may be shown if you own, operate or control more than 50% of the enterprise.
Have invested, or be actively in the process of investing, a substantial amount of capital in the enterprise. The investment must be sufficient to ensure the successful operation of the enterprise, and must be more than a marginal enterprise solely for the purpose of earning a living. The investment or capital must be at risk, meaning must be subject to partial or total loss if the investment fails.
Employees of a treaty enterprise must be destined to the U.S. as an executive or supervisory character or be essential to the enterprise.
In addition to these specific requirements, E-1 and E-2 visa applicants must also meet the general requirements for all nonimmigrant visas, including demonstrating that they have strong ties to their home country and that they have a nonimmigrant intent, meaning they do not plan to stay in the United States permanently.
Application Process
The application process will vary depending on which country you are from. In some cases, you must first submit your complete package to the USCIS, then once the company is approved, you must attend a consular interview. Canadians must first register the Treaty Enterprise with a U.S. Embassy or Consulate in Canada.
Generally speaking, the application process for a Treaty Trader (E-1) or Treaty Investor (E-2) visa generally involves the following steps:
Determine eligibility: The first step in the application process is to determine whether you are eligible for an E-1 or E-2 visa. This includes ensuring that you meet the specific requirements for these visa categories, as well as the general requirements for all nonimmigrant visas.
Gather documents: To apply for an E-1 or E-2 visa, you will need to gather a number of documents, including proof of your nationality, proof of your treaty relationship with the United States, evidence of your employment or investment, and other supporting documents.
Pay fees: There are several fees associated with applying for an E-1 or E-2 visa, including a visa application fee, a visa issuance or reciprocity fee.
Complete the online application: The next step is to complete the online nonimmigrant visa application (Form DS-160). You will need to provide information about yourself, your travel plans, and your background, as well as upload digital copies of your passport and photograph.
Schedule an interview: After you have completed the online application and paid the fees, you will need to schedule an interview at a U.S. embassy or consulate. You will need to bring your original documents and any other required materials with you to the interview.
Attend the interview: The final step in the application process is to attend the interview at the U.S. embassy or consulate. During the interview, a consular officer will review your application and documents and will ask you questions about your plans in the United States. If the consular officer determines that you are eligible for an E-1 or E-2 visa, they will issue the visa to you.
Processing Times
The processing times for Treaty Trader (E-1) and Treaty Investor (E-2) visas can vary widely depending on a number of factors, including the workload of the embassy or consulate where you apply, the completeness and accuracy of your application, and any additional security clearances that may be required.
In general, the processing time for an E-1 or E-2 visa can range from a few weeks to several months. It is important to plan ahead and allow sufficient time for the visa application process, as you will not be able to travel to the United States until you have received your visa.
You can check the current interview wait times for E-1 and E-2 visas at the website of the embassy or consulate where you will be applying. You can also check the status of your visa application online using the visa appointment and processing wait time information provided on the embassy or consulate’s website.
If you have any questions about the E-1 or E-2 Visa process or are ready to start your application, don’t hesitate to reach out to us. We can provide you with the guidance and support you need to complete the process successfully.
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Questions? Answers.
Can I bring my family with me on an E-1 or E-2 visa?
Yes, you can bring your spouse and children under the age of 21 with you to the United States on an E-1 or E-2 visa. Your spouse will be eligible to work. E-2 dependent children are not permitted to work but they children can attend school in the United States.
Can I work for anyone on an E-1 or E-2 visa?
On an E-1 visa, you are only allowed to work for the trading company or their subsidiaries that is the principal beneficiary of your visa. On an E-2 visa, you are only allowed to work for the business in which you have invested or are actively in the process of investing.
Can I travel outside the United States while on an E-1 or E-2 visa?
Yes, you can travel outside the United States while on an E-1 or E-2 visa, but you must have a valid passport and a valid E-1 or E-2 visa to re-enter the United States. You should also be aware that if you are outside the United States for an extended period of time, it may be difficult to re-enter the United States if you do not have strong ties to your home country.
Can I change my status to another nonimmigrant visa while on an E-1 or E-2 visa?
Yes, you can apply for a change of status to another nonimmigrant visa while on an E-1 or E-2 visa. However, you will need to meet the requirements for the new visa, and your application for a change of status will be subject to approval by the U.S. Citizenship and Immigration Services (USCIS)
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