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TREATY TRADERS (E-1) AND TREATY INVESTORS (E-2)

In certain situations there may be a choice between an L-1 visa or an E-1 (treaty trader) or E-2 (treaty investor) visa. These visas are available to citizens of certain countries, which have entered into treaties of commerce and navigation with the United States. The E visa is available to individuals who will oversee a business in the United States either engaged in trade between the United States and a treaty country or created by substantial investment in the United States. The general requirements for the E visa are:

· A treaty must exist between the United States and the alien's country of nationality creating the visa status;

· Majority ownership of the United States company must be held by nationals of the foreign treaty country;

· Each visa applicant must hold citizenship in the same foreign treaty country and be either a manager or executive or a person with essential skills.

For a company to meet the requirements for the treaty trader visa (E-1), the United States company must be engaged in substantial trade, which is principally (50% or greater) between the United States and the treaty country. The employee or principal also must be employed in a managerial capacity or possess "essential skills." Because this is a nonimmigrant visa, the alien must intend to depart the United States at the conclusion of the E-1 visa.

To meet the requirements for the treaty investor visa (E-2), an applicant must be in the process of actively investing, or must have already made a substantial investment in a United States business, and the enterprise must be a real, operating company. For an individual investor, the investment must not be the sole means of support. E-2 investors also must also be in a position to develop and direct the enterprise. It is especially important to note that if the visa applicant is an employee, and not an investor, he or she must individually qualify as a manager or as a highly trained and specially qualified employee and, the alien must intend to depart the United States. Spouses of principal E-1’s and E-2’s can obtain work permission.

For more information concerning E visas, please click here.