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E-1 TREATY TRADER The E-1 Treaty Trader visa allows an individual to come to the US to further trade that is international in scope and directly related to a country 1) that has a trade treaty with the US; 2) of which the visa applicant is a citizen; and 3) of which at least half of the owners of the company are citizens. E-1 treaty countries presently include Argentina, Australia, Austria, Belgium, Bolivia, Brunei, Canada, Colombia, Costa Rica, Denmark (with some limits), Estonia, Ethiopia, Finland, France (includes Martinique, Guadaloupe, French Guiana and Reunion), Germany, Greece, Honduras, Ireland, Israel, Italy, Japan (includes Bonin and Ryukyu Islands), Korea, Latvia, Liberia, Luxembourg, Mexico, Netherlands (includes Aruba and Netherlands Antilles), Norway (with some limits), Oman, Pakistan, Paraguay, Philippines, Spain, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Turkey, United Kingdom, and Yugoslavia (with some limits). In order for a business to qualify to for E-1 visas, the company must demonstrate that it has substantial trade between the US and the treaty country. Trade is not limited to goods and services, but it must be principally with the treaty country, i.e., more than 50% of the total volume of international trade of the US business must be between the US and the treaty country. If the US entity is a branch office of the foreign entity, then the foreign business must have more than 50% of its trade with the US. At least 50% of the US entity must be owned by non-US resident
nationals of the treaty country. If the company is publicly traded,
the firm's nationality is considered to be that of the country in
which the firm's stock is listed and traded. E-1 TREATY INVESTOR The E-2 Treaty Investor visa permits a foreign national to come to the US for the purpose of furthering a substantial investment in a US enterprise made by individuals or businesses that are citizens of a treaty country. E-2 treaty countries at this time include: Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, Colombia, Congo, Congo, Costa Rica, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France (includes Martinique, Guadaloupe, French Guiana and Reunion), Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, and Yugoslavia (with some limits). In order for a business to qualify for E-2 visas, the company must demonstrate that a substantial investment in the US business has been made by individuals or companies that are citizens of the treaty country and that the investment funds are "at risk" (i.e., could be lost). There is no set formula for what mount constitutes a "substantial investment." Whether the funds invested are substantial enough will depend upon the type of business at hand and will be dependent upon a number of criteria. In addition, the investment must not be "marginal," i.e., not made solely for the purpose of earning a living for the visa applicant. Similar to the E-1, at least 50% of the US entity must be owned by nationals of the treaty country in order to qualify to utilize E-2 visas and the E-2 visa applicant must also be a citizen of that country. Procedures The E-1/E-2 visa application is generally filed directly with the US consulate in the home country. E-1 and E-2 visas can be issued for up to five years and are renewable indefinitely as long as the company and the individual continue to qualify for E status. Upon each entry to the United States, E-1 and E-2 visa holders are generally granted two years of E status. Spouses and dependent children (under age 21) of E-1 or E-2 visa recipients are also eligible for E-1 or E-2 dependent visas. Moreover, E spouses are eligible to apply for employment authorization after they enter the United States. E-1 or E-2 nonimmigrants who do not plan to travel internationally may apply to extend their status for up to two years by filing an application with the Immigration & Naturalization Service.
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