E-1 & E-2-Treaty Traders and Investors

Our Attorneys help you achieve your goals through the establishment of an entity to fulfill business and immigration needs. The 'E' visa can be complex and requires detailed analysis and proper preparation to clearly establish the immigration requirements.

The Immigration and Nationality Act (I.N.A.) provides nonimmigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital. (See List of Treaty Countries) .

Treaty visas are part of the United States' efforts to "enhance or facilitate economic and commercial interaction between the United States and the treaty country." Treaty Investors must invest a substantial amount in a U.S. commercial Enterprise. This value of money and trade varies based on the type of business and the attorneys at Kazmi & Sakata value their knowledge regarding investment determinations.

In addition, Treaty Traders and Investors have other benefits, including:

An applicant for an E visa need not establish an intent to go to the United States for a specific temporary period.
An applicant for an E visa need not have an unabandoned foreign residence and ordinarily need only express an unequivocal intent to return abroad.
The spouse and children (unmarried and under age 21) of a treaty trader or investor are entitled to the same E-1 or E-2 classification as the principal visa holder. The nationality of a spouse or child of a principal E visa holder is not material to their classification as E-1 or E-2. In addition, the spouse may apply for separate work authorization while in the United States.

Requirements: Treaty Trader-E-1

The applicant must be a national of a treaty country;

The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country;

The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;

The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;

Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other; and

The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

Requirements: Treaty Investor-E-2

The investor, either a real or corporate person, must be a national of a treaty country;

The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;

The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;

The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;

The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed; and

The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien. Spouses may apply for work authorization in the United States.

Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.

List of Countries Qualified for E-1 & E-2 Visas
TREATY COUNTRIES

E-1, Treaty Trader Countries:	E-2, Treaty Investor Countries:
Argentina Australia Austria Belgium Bolivia Bosnia & Herzegovina Brunei Canada Chile Colombia Costa Rica Croatia Denmark Estonia Ethiopia Finland France Germany Greece Honduras Iran Ireland Israel Italy Japan Jordan Latvia Liberia Luxembourg Macedonia Mexico Montenegro Netherlands Norway Oman Pakistan Paraguay Philippines Poland Serbia Singapore Slovenia South Korea Spain Suriname Sweden Switzerland Taiwan Thailand Togo Turkey United Kingdom		Albania Armenia Austria Azerbaijan Bangladesh Bolivia Cameroon Chile Colombia Congo (Kinshasa) Croatia Republic Egypt Ethiopia France Germany Honduras Ireland Jamaica Jordan Latvia Luxembourg Mexico Mongolia Montenegro Netherlands Oman Panama Philippines Romania Singapore Slovak Republic Spain South Korea Suriname Switzerland Thailand Trinidad and Tobago Turkey United Kingdom		Argentina Australia Bahrain Belgium Bosnia & Herzegovina Bulgaria Canada Congo (Brazzaville) Costa Rica Czech Denmark Ecuador Estonia Finland Georgia Grenada Iran Italy Japan Kazakhstan Kyrgyzstan Liberia Lithuania Macedonia Moldova Morocco Norway Pakistan Paraguay Poland Senegal Serbia Slovenia Sri Lanka Sweden Taiwan Togo Tunisia Ukraine