E-1 Visa (Treaty Traders) and The E-2 Visa (Treaty Investors)

The two E-Visas are available to citizens of foreign countries that have a treaty of commerce, or a bilateral investment treaty for non-immigrant entries, with the United States of America. The E-1 (Treaty Trader) visa is specifically designed for alien business owners, business managers, and employees who are required to stay in the U.S. for prolonged periods of time to oversee work for an enterprise that is engaged in trade between the U.S. and the treaty country which qualified the treaty trader for the E-1 Visa designation.  The E-2 (Treaty Investor) visa is accessible to an alien who is a citizen or national of a treaty country and who wishes to enter the U.S. solely to develop and direct the operation of an enterprise in which he or she has invested, or is in the process of investing a substantial amount of capital. Specific requirements must be met to qualify for each visa. Both Visas are based on different treaties, however, and depending on which country the beneficiary is from, he or she may not be eligible to apply for one or both visas.     The Requirements of obtaining an E-Visa     I. The individual must enter the U.S. for indefinite time.     II. Based upon friendship of treaty, commerce and navigation or the Bilateral Investment Treaty, other arrangements (NAFTA-Mexico and Canada) with the USA or whichever country he or she is national to.     III. The individual must be entering the country:  

  1. The individual must carry on a substantial trade which is international in scope principally between the United States of America and the foreign state of which he or she is a national (E-1 Treaty Trader).
  2. Another way is that the person is there to develop and direct the operations of an enterprise in which the foreigner has invested, or is actively in the process of investing a substantial amount of capital in legitimate enterprise (E-2 Treaty Investor).
  3. As a key employee from treaty country of either E-Visa, including executives, managers, supervisors or individuals whose services are essential to the efficient operation of the enterprise.
  4. As a principal employer who is a person with nationality of treaty country whether in or outside of the U.S.; or an enterprise or organization that is 50% or more owned by treaty nationals.
  5. A dependent of one of the above referenced individuals.

    IV. Required Documents:  

  • The current number of U.S. employees and contractors; (and projected future positions)
  • Proof of funds invested to date (copies of checks, transfers, etc.)
  • Proof of bank account opened for the U.S. company ( bank statements and transactions)
  • Occupational licenses and other related permits
  • Tax ID numbers, income tax forms, etc.
  • Contracts/receipts from vendors
  • I-9's, W-2's, and copies of checks issued for wages and salaries for employees
  • Copies of share certificates showing ownership of corporations
  • Complete Copies of articles of incorporation for U.S. and foreign countries
  • Copy of passport (biographic pages and all visa stamps) I-94 card
  • Social Security Number
  • Photographs of foreign corporation, employees, etc
  • Substantial investment in the United States leading to the creation of U.S. jobs.
  • Business plan outlining future investment scheme
  • Approval by the U.S. consul

    Eligible E-1 Trader Visa Countries:   Africa: Ethiopia, Liberia, Togo Asia: Taiwan, Japan, South Korea, Philippines, Singapore, Thailand Australia: Australia Central America: Costa Rica, Honduras Europe: Austria, Belgium,Bosnia Herzegovina, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Luxembourg, Macedonia, Netherlands, Norway, Poland, Slovenia, Spain, Sweden, Switzerland, United Kingdom. The Middle East: Brunei Darussalam, Iran, Isreal, Jordan, Oman, Pakistan, Turkey. North America: Canada and Mexico South America: Argentina, Bolivia, Chile, Colombia, Paraguay, Suriname     Eligible E-2 Treaty Investor Visa Countries:   Africa: Cameroon, Congo, Liberia, Morocco, Egypt, Ethiopia, Senegal, Togo, Tunisia Asia: Bangladesh, Taiwan, Japan, South Korea, Kyrgyzstan, Mongolia, Philippines, Singapore, Sri Lanka, Thailand Australia: Australia Central America: Honduras, Costa Rica, Panama Europe: Albania, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia. The Middle East: Bahrain, Iran, Jordan, Oman, Pakistan, Turkey North America: Canada, Mexico South America: Argentina, Bolivia, Chile, Colombia, Ecuador, Paraguay, Suriname The Caribbean: Grenada, Jamaica, Trinidad and Tobago

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