Investors

The E visa category is based on qualified investments or trade in the U.S., but it but does not provide a path to permanent residence. E visa holders can continue to renew their visas indefinately, but will need a different basis to file if they wish to qualify for a green card.

By scheduling a consultation with D.Ray Mantle, you can find out the best work visa options available to you.

E Visas for Investors and Traders

Treaties between the United States and many nations allow investors and other business people to obtain renewable work visas and come to the United States in furtherance of their investment or trade.  The E-1 and E-2 visa categories are designated for individuals engaged in international trade or investment between the United States and the appropriate treaty country.

For both E-1 and E-2, the U.S. entity must be at least 50% owned by non-U.S. resident nationals of the treaty nation, and the applicants must be of the same nationality as the company.

Countries with Eligible Treaties

Nationals from the following countries may qualify for E visa status based on treaties with the United States.

E-2
Albania
E-1, E-2
Argentina
E-2
Armenia
E-1, E-2, E-3
Australia
E-1, E-2
Austria
E-2
Azerbaijan
E-2
Bahrain
E-2
Bangladesh
E-1, E-2
Belgium
E-1, E-2
Bolivia
E-1, E-2
Bosnia and Herzegovina
E-1
Brunei
E-2
Bulgaria
E-2
Cameroon
E-1, E-2
Canada
E-1, E-2
Chile
E-1, E-2
China (Taiwan) footnote
E-1, E-2
Colombia
E-2
Congo (Brazzaville)
E-2
Congo (Kinshasa)
E-1, E-2
Costa Rica
E-1, E-2
Croatia
E-2
Czech Republic
E-1, E-2
Denmark footnote
E-2
Ecuador
E-2
Egypt
E-1, E-2
Estonia
E-1, E-2
Ethiopia
E-1, E-2
Finland
E-1, E-2
France footnote
E-2
Georgia
E-1, E-2
Germany
E-1
Greece
E-2
Grenada
E-1, E-2
Honduras
E-1, E-2
Iran
E-1, E-2
Ireland
E-1
Israel
E-1, E-2
Italy
E-2
Jamaica
E-1, E-2
Japan footnote
E-1, E-2
Jordan
E-2
Kazakhstan
E-1, E-2
Korea (South)
E-1, E-2
Kosovo
E-2
Kyrgyzstan
E-1, E-2
Latvia
E-1, E-2
Liberia
E-2
Lithuania
E-1, E-2
Luxembourg
E-1, E-2
Macedonia, the Former Yugoslav Republic of (FRY)
E-1, E-2
Mexico
E-2
Moldova
E-2
Mongolia
E-1, E-2
Montenegro
E-2
Morocco
E-1, E-2
Netherlands footnote
E-1, E-2
Norway footnote
E-1, E-2
Oman
E-1, E-2
Pakistan
E-2
Panama
E-1, E-2
Paraguay
E-1, E-2
Philippines
E-1, E-2
Poland
E-2
Romania
E-1, E-2
Serbia
E-2
Senegal
E-1, E-2
Singapore
E-2
Slovak Republic
E-1, E-2
Slovenia
E-1, E-2
Spain footnote
E-2
Sri Lanka
E-1, E-2
Suriname
E-1, E-2
Sweden
E-1, E-2
Switzerland
E-1, E-2
Thailand
E-1, E-2
Togo
E-2
Trinidad & Tobago
E-2
Tunisia
E-1, E-2
Turkey
E-2
Ukraine
E-1, E-2
United Kingdom footnote
E-1, E-2
Yugoslavia

 

E-1 Treaty Trader

The E-1 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the U.S. solely to engage in trade of a substantial nature principally between the United States and the alien’s country of nationality. The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items of trade between the U.S. and a treaty country. Title to the trade item must pass from one treaty party to the other.

E-1 Document Requirements

The application must be filed with the appropriate fee payment, and evidence that:

  • The applicant is a national of a country with which the U.S. has the requisite treaty or agreement;
  • The activity constitutes trade as defined at 8 CFR 214.2(e)(9);
  • The trade is of a substantial nature (i.e. an amount of trade sufficient to ensure a continuous flow of international trade items between the U.S. and the treaty country);
  • The trade conducted by the alien is principally trade between the United States and the treaty country of which the alien is a national. Trade is deemed to be principally between the U.S. and treaty country when over 50% of the volume of international trade conducted by the treaty trader is between the U.S. and treaty country of the treaty trader’s nationality;
  • If the applicant is not the principal trader, he or she must be employed in an executive or supervisory capacity, or possess special qualifications that make the applicant’s services essential to the successful and efficient operation of the enterprise;
  • The employee has the same nationality as the principal alien employer; and
  • The alien principal employer is an enterprise or organization at least 50% owned by persons having the nationality of the treaty country.

E-2 Treaty Investor

The E-2 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the United States solely to direct and develop the operations of an enterprise in which he or she has invested, or is actively involved in the process of investing, a substantial amount of capital.

The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.

E-2 Document Requirements

The application must be filed with the appropriate fee payment, and evidence that:

  • The investor is a national of a country with whom the U.S. has the requisite treaty or agreement;
  • The alien (or in the case of an employee of a treaty investor who seeks classification as an E-2, the owner of the treaty enterprise) will direct or develop the enterprise. The alien must demonstrate that he controls the enterprise by showing ownership of at least 50% of the enterprise, by possessing operational control through a managerial position or other corporate device or by other means;
  • The investor has invested in or is actively in the process of investing in the enterprise;
  • The investment is substantial, i.e. sufficient to ensure the investor’s financial commitment to the successful operation of the enterprise and big enough to support the likelihood that the investor will successfully direct and develop the enterprise;
  • The investment enterprise is not a marginal enterprise;
  • That the applicant intends to depart the U.S. upon the expiration of E-2 status; and
  • If the applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity, or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.

Application Process

If you are outside of the United States, an application must first be made to the U.S. Consulate to register the company as a qualifying E-1 or E-2 employer. Only the employer is eligible to file a petition for a work visa. If your are in the United States in another visa category, an I-129 petition may be filed with USCIS.  Dependents (spouses and unmarried children under 21 years of age) of an E-1 or E-2 nonimmigrant will be admitted under same classification as the principal. The dependent spouse and child(ren) are not required to have the same nationality as the principal alien.

 The E-1 and E-2 applications are legal cases and mistakes or misrepresentations can jeopardize your chances of ever coming to the United States. You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the application is complete and includes all of the necessary evidence to support your eligibility.

If your petition is incomplete, the government may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.

Help with E Treaty Visas

D.Ray Mantle assists employers and employees in obtaining positive immigration results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and ensures that your final applications meet all government requirements.

If you would like to understand more about the application process and to find out if you qualify for E-1 or E-2 status, please contact D.Ray Mantle for a consultation.