E-1 & E-2 Treaty Visa for Investors their employees & traders.

Q: What are E-1/E-2 visas?

A: E-1/E-2 visas are nonimmigrant visas that allow foreign nationals to enter the United States for the purpose of carrying on substantial trade or investing in a bona fide enterprise. These visas are available to foreign nationals who are citizens of countries that have signed treaties with the United States, including Treaties of Friendship, Commerce, and Navigation (FCNs), Bilateral Investment Treaties (BITs), or Free Trade Agreements like the USMCA.

Q: Who is eligible for E-1/E-2 visas?

A: Individuals who are citizens of countries that have signed treaties with the United States are eligible for E-1/E-2 visas if they are entering the United States solely to carry on substantial trade which is international in scope principally between the U.S. and the foreign state of which they are a national (E-1 treaty trader) or solely to develop and direct the operations of an enterprise in which they have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise (E-2 treaty investor). Additionally, key employees of treaty traders or investors, as well as their dependents, may also be eligible for E-1/E-2 visas.

Q: What are the general considerations for E-1/E-2 visas?

A: Applicants do not need to show that they are coming to the United States for a specific period of time, so long as there is an ultimate intention to depart the U.S. and not permanently remain. Each treaty may contain specific provisions that create subtle but important differences in the treatment of treaty nationals.

Q: Are there specific provisions for each treaty that creates differences in the treatment of treaty nationals?

A: Yes, each treaty may contain specific provisions that create subtle but important differences in the treatment of treaty nationals. For example, the treaty with the UK requires a UK citizen to be domiciled in the UK to obtain the benefits of the treaty. This is not true for any other E treaty with any other country.

Q: How do I apply for an E-1/E-2 visa?

A: To apply for an E-1/E-2 visa, you must complete Form DS-160 and schedule an interview at a U.S. embassy or consulate in your home country. You will also need to provide documentation to show that you are eligible for the visa, including proof of your nationality and the treaty between your country and the United States, as well as evidence that you are coming to the United States to carry on substantial trade or invest in a bona fide enterprise. Key employees of treaty traders or investors, as well as their dependents, will also need to provide documentation to show that they are eligible for the visa.

Q: Can an applicant be denied the E-1/E-2 visa solely on the basis of an approved labor certification (LC) or immigrant visa (IV) petition?

A: No, an applicant cannot be denied solely on the basis of an approved LC or IV petition. However, the applicant must establish that they will not seek adjustment of status (AOS) in the U.S., and if they are the beneficiary of an IV petition, they will need to satisfy a consular officer that their intent is to depart the U.S. at the end of their authorized stay.