E-1/E-2 Treaty Traders and Investors

E-1 visa is for a person who seeks to enter the United States to carry on substantial trade which is international in scope principally between U.S. and the foreign state of the treaty trader’s nationality. To qualify for an E-1, the applicant must be a national of a country with which the United States maintains a treaty of commerce and navigation and carry on substantial trade principally between the United States and the qualified treaty country. An employee of an E-1 treaty trader may also be accorded an E-1 classification. Such E-1 employee must be the same nationality as the principal E-1 treaty trader and either be engaging in duties of an executive or supervisory character, or have special qualifications. E-1 will be allowed a minimum initial stay of two years, and extension of status may be granted for up to two years increment with each request.

E-2 visa is for person who seeks to enter the United States to develop and direct the operations of an enterprise that the person has invested, or is actively in the processing of investing, a substantial amount of capital in a U.S. business. To qualify for an E-2 classification, the treaty investor must be a national of a country which the U.S. maintains a treaty of commerce and navigation. The treaty investor must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States. The treaty investor must also be seeking to enter the United States solely to develop and direct the investment enterprise. An employee of an

E-2 treaty investor may also be accorded an E-2 classification. Such E-2 employee must be the same nationality as the principal E-2. The employee must either be engaging in duties of an executive or supervisory character, or possess special qualifications. Duties that are executive or supervisory in character are those that primarily provide the employee with the ultimate control and responsibilities of the business’ overall operation, or a major component of it. Special qualifications are skills which make the employee’s services essential to the operation of the business. E-2 will be allowed a minimum initial stay of two years, and extension of status may be granted for up to two years increment with each request.

The Law Office of Jing Yeophantong, PLLC presents this information as a service to members of the general public. Use of this information does not constitute, in any manner, an attorney-client relationship between The Law Office of Jing Yeophantong, PLLC and the user. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularized advice of your own counsel. Anyone seeking specific legal advice or assistance should retain an attorney.

The information is provided as is without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.