Treaty Trader & Investor (E1 & E2 Visas)
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating countries, select Treaty Countries.
You must be coming to the United States to:
- engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country; or
- develop and direct the operations of an enterprise in which you have invested a substantial amount of capital.
To qualify for a Treaty Trader (E-1) Visa
- You must be a citizen of a treaty country.
- The trading firm for which you plan to come to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise.
- The international trade must be substantial, meaning that there is a sizable and continuing volume of trade.
- More than 50 percent of the international trade involved must be between the United States and the treaty country.
- Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
- You must be an essential employee, employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.
To qualify for a Treaty Investor (E-2) Visa
- The investor, either a person, partnership or corporate entity, must have the citizenship of a treaty country.
- If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality.
- The investment must be substantial, with investment funds or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise.
- The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
- It must generate significantly more income than just to provide a living to you and family, or it must have a significant economic impact in the United States.
- You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
- You must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.
How to Apply
There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply.
Complete the Online Visa Application
- Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160. You must:
- complete the online visa application and
- print the application form confirmation page to bring to your interview.
- Photo – You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements.
Schedule an Interview
While interviews are generally not required for applicants of certain ages outlined below, consular officers have the discretion to require an interview of any applicant, regardless of age.
Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early.
Gather Required Documentation
- Passport valid for travel to the United States - Your passport must be valid for at least six months beyond your period of stay in the United States, unless exempt by country-specific agreements (PDF - 57 KB). If more than one person is included in your passport, each person who needs a visa must submit a separate application.
- Nonimmigrant Visa Application, Form DS-160 confirmation page
- Application fee payment receipt, if you are required to pay before your interview.
- Photo – You will upload your photo while completing the online Form DS-160.
- Nonimmigrant Treaty Trader/Treaty Investor Application, Form DS-156E – This form is required for:
- all E-1 treaty trader visa applicants; and
- E-2 treaty investor visa applicants, if you are an Executive/Manager/Essential Employee.
- Additional Documentation May Be Required
Attend Your Visa Interview
During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.
Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location.
After your visa interview, your application may require further administrative processing. You will be informed by the consular officer if further processing is necessary for your application.
When the visa is approved, you may pay a visa issuance fee if applicable to your nationality, and will be informed how your passport with visa will be returned to you. Review the visa processing time, to learn how soon your passport with visa will generally be ready for pick-up or delivery by the courier.
We will be happy to clarify all intricacies of these cases. Please contact us for more information.
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