E-1 and E-2 Treaty Trader and Investor Case Management

General Qualifications for E-1 and E-2 Treaty Visas

E-2 lets a national of a treaty country work in the United States to develop and direct an enterprise in which they have invested, or are actively investing, a substantial amount of capital. E-1 covers treaty nationals carrying on substantial trade, principally between the U.S. and the treaty country. Employees who share the investor's or trader's nationality may also qualify.

Applicants outside the U.S. apply for an E visa at a U.S. embassy or consulate. A person already in the U.S. in another lawful status may request a change to E status on Form I-129. Initial admission is up to two years, with extensions in increments of up to two years and no limit on the number of extensions, while the holder intends to depart when status ends.

The investment must be capital placed at risk, the enterprise must be real, active and operating, and it must not be marginal: it needs the capacity to generate more than a minimal living for the investor and family, now or within five years of the start of E-2 classification.

Clients This Case Type Helps

• Entrepreneurs from treaty countries buying or starting U.S. businesses
• Foreign companies sending treaty national managers and key staff
• International traders with substantial trade with the U.S.
• Investors in the U.S. changing from another status to E-2
• E spouses and children joining the principal

General Qualifications

• The investor or trader must be a national of a country that has a qualifying treaty with the United States.
• E-2 capital must be invested, or actively being invested, and placed at risk for profit; funds from criminal activity do not qualify.
• The investment must be substantial in relation to the cost of buying or starting the enterprise.
• The enterprise must be a real, active and operating commercial or entrepreneurial undertaking, and not marginal.
• The investor must come solely to develop and direct the enterprise, generally through at least 50% ownership or operational control.
• Employees must share the employer's treaty nationality and hold executive or supervisory duties or special qualifications.
• E-1: trade must be substantial, and over 50% of the trader's international trade must be between the U.S. and the treaty country.

Consultation Screening Questions

1. What is the investor's nationality, and do the investor and the company share the same treaty nationality?
2. How much has been invested so far, in what, and is the capital committed and at risk?
3. Where did the funds come from, and can each transfer be traced with records?
4. Is the business operating, and can it generate more than a minimal living within five years?
5. Does the investor own at least 50% or have operational control?
6. Is the applicant abroad or in the U.S. in another status, and are there past visa refusals?
7. Which family members will apply, and does the spouse plan to work?
8. Any criminal history, prior immigration violations or earlier E visa denials?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.