E Visas for Treaty Traders and Treaty Investors
E visas let citizens of countries that hold a trade treaty with the United States live and work here through their own business. Canada is a treaty country, so Canadian owners and investors qualify. The E-1 treaty trader visa is for people carrying on substantial trade, mostly between the U.S. and their home country. The E-2 treaty investor visa is for people who invest a substantial amount of capital in a U.S. business they own and direct, with no fixed minimum. Both are renewable nonimmigrant visas, granted as long as the business keeps qualifying. We handle E-1 and E-2 cases from our Windsor and Troy offices.
This is general information, not legal advice for your situation.
What is the difference between an E-1 and an E-2 visa?
Both are for citizens of countries that have a trade and investment treaty with the United States, but they cover two different activities. The E-1 treaty trader visa is for people who carry on substantial, ongoing trade in goods, services, or technology, where more than half of that trade is between the U.S. and their home country. The E-2 treaty investor visa is for people who put a real investment into a U.S. business they own and run. Many entrepreneurs qualify for the E-2 because they are building or buying a company here, while established import and export businesses often fit the E-1.
Who qualifies for an E visa?
You need to be a citizen of a treaty country, and the U.S. business has to share that nationality, meaning at least 50 percent of it is owned by people from the same treaty country. You also have to be coming to develop and direct the business, or to work in it in a senior or specially skilled role. Canada qualifies for both the E-1 and the E-2, which is why this visa is a strong option for Canadian business owners who want to operate across the border.
How much do you need to invest for an E-2 visa?
There is no set dollar amount. The rule is that your investment has to be substantial in relation to the cost of the business you are buying or starting. A smaller business needs a smaller investment to clear that bar, and a larger one needs more. The money has to be committed and at risk, not sitting in an account, and the business has to be a real, active company that can support more than just your own living. A business that only ever earns enough to cover your personal income is treated as marginal and will not qualify.
Can Canadians get an E visa?
Yes. Canada is a treaty country for both the E-1 and the E-2, so Canadian citizens are eligible. One thing to know: unlike a TN, an E visa is not issued at the border. You apply through a U.S. consulate, or you ask USCIS to change your status to E if you are already in the United States on another status. For a cross-border business owner in Windsor, Detroit, or the surrounding region, the E-2 is often the cleanest way to run a company on the U.S. side.
Can my family come with me on an E visa?
Yes. Your spouse and your unmarried children under 21 can come with you on E visas that match yours. Your spouse is generally allowed to work in the United States, which is one reason families often prefer the E visa over other work categories. Children can attend school here while your status is valid.
How long does an E visa last?
An E visa is granted for up to two years at a time, and you can renew it in two-year increments for as long as the business keeps qualifying and you keep meeting the requirements. There is no cap on the number of renewals. The trade-off is that the E visa is a nonimmigrant status, so it does not lead directly to a green card. Many E visa holders later move to a permanent path, and we can map that out with you.
How do you apply for an E visa?
If you are outside the U.S., you apply at a U.S. consulate using the online DS-160 form plus the E-visa business application, and you attend an interview. If you are already in the U.S. in another status, you can ask USCIS to change your status using Form I-129. Either way, the heart of the case is the evidence: proof of the treaty nationality and ownership, the source and path of your funds, and a business plan that shows the company is real and can grow. We build that package so it holds up the first time.
Why work with Sisu Legal on an E visa?
We focus only on immigration, and we work on both sides of the Canada and U.S. border from our offices in Windsor, Ontario and Troy, Michigan. Emilia Coto is licensed in both countries, so we can look at your whole situation, not just the U.S. filing. Our fees are flat and quoted upfront, so you know the cost before you start.
Frequently asked questions about E visas
Is there a minimum investment for an E-2 visa?
No. There is no fixed minimum. The investment must be substantial in proportion to the cost of the business, committed, and at risk.
Is Canada an E-2 treaty country?
Yes. Canada is a treaty country for both the E-1 and the E-2, so Canadian citizens qualify.
Can I get an E visa at the border like a TN?
No. An E visa is not issued at a port of entry. You apply at a U.S. consulate, or change status through USCIS if you are already in the U.S.
Can my spouse work on an E visa?
Yes. The spouse of an E visa holder is generally allowed to work in the United States.
Does an E visa lead to a green card?
Not directly. The E visa is a renewable nonimmigrant status. Many holders later pursue a separate permanent residence path, which we can help you plan.
How long can I stay on an E visa?
You are admitted for up to two years at a time and can renew in two-year increments with no set limit, as long as the business and your role keep qualifying.
Talk to a cross-border E visa lawyer
If you are a business owner or investor thinking about the E-1 or E-2, book a consultation and we will tell you honestly whether it fits and what your case needs. Book a consultation or contact our Windsor and Troy offices.