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E2 Visa Requirements

Treaty Trader (E1) and Treaty Investor (E2) visas are issued based on bilateral treaties of commerce between the United States and many different countries. Individuals applying for E visas must therefore have the nationality of one of the treaty countries.

The US company the applicant will work for must also have treaty country nationality. The nationality of a firm is determined by the nationality of the individuals who own at least 50% of the firm, regardless of its place of incorporation. Proving the nationality of the investor – company and applicant – is therefore one of the important elements in an E visa application

Requirements E2 Investor visa

  • The investor has already invested, or is actively engaged in the process of investing, in the United States operation. The investor must have placed funds or assets at risk, or committed to placing them at risk, in the hope of generating a return. Loans secured by the assets of the United States operation or company cannot count toward the amount of the actual investment.
  • The US operation or company is a real, operating commercial enterprise producing some service or commodity.
  • The investment must be substantial. When there is an existing enterprise, “substantial” normally means the investment must be more than half the value of the enterprise. When the enterprise is being established, “substantial” normally means the amount considered necessary to establish a viable enterprise of the nature contemplated.
  • The investment is more than a marginal one solely to earn a living for the investor and his/her family.
  • The US company must create employment for US citizens or permanent residents.

Requirements for E1 Trade visa

  • The United States company or operation is engaged in substantial trade. “Trade” means an actual exchange of goods or moneys. “Substantial” depends on the type of operation and the volume and amount of transactions. Trade in services such as banking, insurance, transportation, tourism, and communications can also qualify.
  • The trade conducted by the United States company or operation is principally between the United States and the treaty country.
  • The applicant must be either a manager or specialized knowledge employee.