E-1 VISA – TREATY TRADERS and E-2 VISA – TREATY INVESTORS
The persons applying for an E-1 visa must be coming to the U.S. to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the U.S. and the treaty country. In addition, the following qualifications must be met:
- the person must be a citizen of a treaty country;
- the trading firm for which the person plans to come to the U.S. must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise;
- the international trade must be substantial, meaning that there is a sizable and continuing volume of trade;
- more than 50 percent of the international trade involved must be betweenthe U.S. and the treaty country;
- trade means the international exchange of goods, services, andtechnology, and the title of the trade items must pass from one party to theother;
- the person must be an essential employee, employed in a supervisory orexecutive capacity, or possess highly specialized skills essential to theefficient operation of the firm. Ordinary skilled or unskilled workers do notqualify.
Treaty Trader countriesare 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, Korea, Kosovo, Latvia, Liberia, Luxembourg, Macedonia,Mexico, Montenegro, Netherlands, Norway, Oman, Pakistan, Paraguay, Phillipines,Poland, Serbia, Singapore, Slovenia, Spain, Surinam, Sweden, Switzerland, Taiwan, Thailand, Togo, Turkey and the United Kingdom.
The E-2 visa applicants must be coming to the U.S. to develop anddirect the operations of an enterprisein which they have invested a substantial amount of irrevocably committed capital that is “at risk”. They must becitizens of an investor treaty countryand at least 50% of the proposed U.S. business must be owned by persons with the treaty country’s nationality. The business must be an active operating enterprise – a commercial or entrepreneurial undertaking – and it must generate not only enough income to support the applicant and his/her family, but it must have a significant economic impact in the United States. The applicant must be coming to the United States to develop and direct the business. Essential employees of the business may also qualify for the visa if they are employed in a supervisory, executive or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify for the visa.
Treaty Investor countries are Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia & Herzegovina, Bulgaria, Cameroon, Canada, Chile, Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Sri Lanka, Surinam, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, and the United Kingdom.