E-1/E-2 Treaty Trader and Investor Visas

E-1 Treaty Traders

Overview of the E-1 Visa

The E-1 classification permits a national of a treaty country (a country with which the U.S. maintains a treaty of commerce and navigation) to be admitted to the U.S. solely to engage in international trade on his or her own behalf. The foreign national must be entering the U.S. to engage in trade of a substantial nature principally between the U.S. and the foreign national’s country of nationality. Items of trade include but are not limited to goods, services, international banking, insurance, transportation, tourism, and technology and its transfer.

E-1 visa holders are initially allowed a maximum stay of two years. Requests for extension of stay can be filed and may be granted for periods of up to two years each. If the foreign national is inside the U.S., he or she may apply for a change of status, extension of stay or change of employment. If the foreign national is outside of the U.S., he or she may apply for an E-1 visa on his or her own behalf directly to a U.S. consular office abroad.

The E-1 visa does not require a petition for employment. Certain employees of the foreign national or of a qualifying organization may also be eligible for the E-1 classification.

Qualifying for the E-1 Visa

To qualify for an E-1 Treaty Trader Visa, the treaty trader must:

• Be a national of a country with which the U.S. maintains a treaty of commerce and navigation
• Carry on substantial trade
• Carry on principal trade between the U.S. and the treaty country with which qualified the treaty trader for E-1 classification

E-2 Investor Visas

Overview of the E-2 Visa

The E-2 non-immigrant classification allows a national of a treaty country (a country with which the U.S. maintains a treaty of commerce and navigation) to be admitted to the U.S. when investing a substantial amount of capital in a U.S. business.

E-2 visa holders are initially allowed a maximum stay of two years. Requests for extension of stay can be filed and may be granted for periods of up to two years each. If the foreign national is inside the U.S., he or she may apply for a change of status, extension of stay or change of employment. If the foreign national is outside of the U.S., he or she may apply for an E-2 visa on his or her own behalf directly to a U.S. consular office abroad.

The E-2 visa does not require a petition for employment. Certain employees of the foreign national or of a qualifying organization may also be eligible for the E-2 classification.

Qualifying for the E-2 Visa

To qualify for an E-2 Investor Visa, the treaty investor must:

• Be a national of a country with which the U.S. maintains a treaty of commerce and navigation
• Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S.
• Be seeking to enter the U.S. solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

To learn more about your options contact our San Francisco law firm to speak with one of our immigration attorneys.