E1 Treaty Investor or E2 Treaty Trader 

I. E1 Treaty Trader 

E-1 Treaty Trader nonimmigrant visa status requires the following: 

1. Requite treaty exists 

2. Individual and/or business possess the nationality of the treaty country 

3. Activities qualify as trade under the law 

4. Applicant must be coming to the U.S. solely to engage in substantial trade 

5. Trade is principally between the U.S. and the treaty country 

6. If employee, Individual must perform an executive/supervisory position or possess skills essential to the firm’s U.S. operation, and  

7. Individual intends to depart the U.S. when the E-1 status terminates 

Treaty Country / Nationality – E1 visa classification is available for a national of a treaty country. Full list of treaty countries are available in this Department of State website page.   

Trade – Trade must constitute an exchange, be international in scope, and involve qualifying activities.  

Substantial Trade – Trade must be a continuous flow of the goods that are being exchanged between the treaty countries. The trade must be a continuous flow that should involve numerous transactions over time. Focus is primarily on the volume of trade but monetary value of the transactions will be considered as well. Treaty trader status may not be established or maintained on the basis of a single transaction. The income derived from the value of numerous transactions is sufficient to support the treaty trade and his/her family constitutes a favorable factor.  

Principal Trade – Generally, over 50% of the total volume of the international trade conducted by the treaty trader (regardless of location) must be between the U.S. and the treaty country of the individual’s nationality.  

II. E2 Treaty Investor 

E-2 Treaty Investor nonimmigrant visa status requires the following: 

1. Requisite treaty exists 

2. Individual and/or business possess the nationality of the treaty country 

3. Individual has invested or is actively in the process of investing 

4. Enterprise is a real and operating commercial enterprise 

5. Individual’s investment is substantial  

6. Investment is more than a marginal one solely for earning a living 

7. Individual is in a position to develop and direct the enterprise 

8. If employee, Individual must perform an executive/supervisory position or possess skills essential to the firm’s U.S. operation, and  

9. Individual intends to depart the U.S. when the E-1 status terminates 

Treaty Country / Nationality – E2 visa classification is available for a national of a treaty country. Full list of treaty countries are available in this Department of State website page.   

Invested Or Is Actively in the Process of Investing  

The source of the investment may include capital assets or funds from savings, gifts, inheritance, contest winnings, loans collateralized by the alien’s own personal assets or other legitimate sources. The source of the funds need not be outside the United States. The source of the investment must not, however, be the result of illicit activities. The individual must demonstrate possession and control of the invested capital assets and funds.  

Investment funds must be at risk, in the commercial sense, in the hope of generating a financial return. Funds must be subject to partial or total loss if business fortunes reverse.  

To be “in the process of investing”, the funds or assets to be invested must be committed to the investment, and the commitment must be real and irrevocable. The purchase of a business that is conditioned upon the issuance of the E-2 visa may still qualify as an irrevocable investment, if the assets to be used are held in escrow for release or transfer once the condition is met. Moreover, the enterprise must be close to the start of actual business operations, not simply in the stage of signing contracts (which may be broken) or scouting for suitable locations and property.  Mere intent to invest, or possession of uncommitted funds in a bank account, or even prospective investment arrangements entailing no present commitment, will not suffice. 

Real and Active Enterprise - The enterprise must be a real and active commercial or entrepreneurial undertaking, producing some service or commodity. The enterprise cannot be a paper organization or an idle speculative investment held for potential appreciation in value, such as undeveloped land or stocks held by an investor without the intent to direct the enterprise.  

Substantial Investment – No set dollar figure constitutes a minimum amount of investment to be considered “substantial.” Substantiality is determined based on the following: 

1. Substantial in a proportional sense - by weighing the amount of qualifying funds invested against the cost of the business.  

2. Sufficient to ensure the treaty investor's financial commitment to the successful operation of the enterprise; and 

3. Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.  

Marginality - A marginal enterprise is an enterprise that does not have the present or future capacity to generate enough income to provide more than a minimal living for the treaty investor and his or her family. The projected future capacity should generally be realizable within five years from the date the treaty investor commences normal business activity of the enterprise.  

Develop and Direct the Enterprise - Nationals of a treaty country must own at least 50 percent of an enterprise.  National (or nationals) of the treaty country, through ownership or by other means, must develop and direct the activities of the enterprise.  

How long can I stay in the U.S. under the E1/E2 status? 

Initial E1/E2 period can be up to two years. E1/E2 time period may be extended in the increments of two years. There is no limit to the number of extensions.  

However, E1/E2 must maintain an intention to depart the U.S. upon the expiration or termination of the E1 or E2 status.