E-1 Treaty Trader and E-2 Treaty Investor Visas

Investor (E-1, E-2) Visas are based on treaty between the U.S. and the country of which the applicant is a national. For E-1 visa, the applicant must be entering the U.S. solely to carry on substantial trade that is international in scope principally between the U.S. and the foreign country of which he or she is a national. For an E-2 visa, the applicant must invest a substantial amount of capital in a bona fide enterprise. E visas are issued at the Consulate or Embassy outside of the United States for periods up to five years. E visas may be renewed indefinitely, although the applicant should not intend to remain in the U.S. permanently. A full E Visa application must be submitted to the Consulate for adjudication even if an extension of stay or change to E-Visa status has been granted by USCIS.

E-1: Treaty Trader, spouse and children

Solely to carry on substantial trade, including trade in services or trade in technology, which is international in scope, either on the alien’s behalf or as an employee of a foreign person or organization engaged in trade principally between the United States and the treaty country of which the alien is a national, taking into consideration any conditions in the country of which the alien is a national which may affect the alien’s ability to carry on such substantial trade. There must be intention to depart the United States upon the expiration or termination of treaty trader (E-1) status.

E-2: Treaty Investor, spouse and children

Solely to develop and direct the operations in which the investor has invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living. The investor must intend to depart the United States upon the expiration or termination of treaty trader investor (E-2) status.

Stay

Initial stay for E-1 and E-2 visas is two years; up to two years per extension. Unlimited extension with some exceptions.