E Visas for Treaty Traders and Investors

E-1 and E-2 visas are only available for foreign nationals who hold the same nationality (citizenship) as the business enterprise. As a general rule, the nationality of the company is based on the nationality of the individuals who own at least 50% of the company. There are several nuances to this general rule, particularly in situations where companies are owned by other enterprises, rather than by individuals.

In addition, an appropriate treaty of commerce and navigation must exist between the U.S. and the home country of the sponsoring enterprise. The full list of E-1 and E-2 treaty countries can be found here.

E-1 visas are available where it can be shown that the business enterprise will engage in substantial international trade. The following requirements apply:

• Treaty of commerce or navigation exists between the U.S. and the enterprise’s home country;
• The individual and/or business enterprise holds the same nationality of the treaty country;
• The business activities constitute “trade” as stated in the Immigration and Nationality Act (s. 101(a)(15)(E));
• Trade between the U.S. and the treaty country is substantial and is in progress (i.e. not simply contemplated for the future);
• Trade is principally between the treaty country and the U.S.; and
• If the applicant is an employee, they will hold an executive or supervisory position or they possess skills essential to the enterprise’s operations in the U.S.

The qualifying trade can be in goods, services, or money, provided the flow of transactions is traceable between the U.S. and the treaty country. A track record of substantial trade is required, and at least 50% of the international trade of the enterprise must flow between the U.S. and the treaty county. These requirements make the E-1 visa a challenging option for early-stage start-up companies to qualify for. For that reason, E-1 visas tend to be used by foreign entrepreneurs with established businesses abroad and a customer base in the U.S.

E-2 visas are available for individuals and business enterprises who need to come to the U.S. to develop and direct the operations of an enterprise in which the treaty investor has invested, or is actively in the process of investing, a substantial amount of capital. The following requirements apply:

• Treaty of commerce or navigation exists between the U.S. and the enterprise’s home country;
• The individual and/or business enterprise holds the same nationality as the treaty country;
• The individual and/or business enterprise has invested or is actively in the process of investing;
• The U.S. enterprise is bona fide (i.e. it is a real and operating commercial enterprise);
• The investment is substantial;
• The investment is more than a marginal investment made solely to earn a living by the treaty investor;
• The applicant is in a position to “direct and develop” the enterprise; and
• If the applicant is an employee, they will hold an executive or supervisory position or they possess skills essential to the enterprise’s operations in the U.S.

Importantly, E-2 visa applications must clearly demonstrate that the source of the funds is lawful. This may be documented through a variety of means including tax returns and ownership and sale of property. 

Those applying for E-2 visas must understand that their investment funds are “at risk”, meaning that the funds are lost should the business enterprise fail. In addition, funds invested are irrevocably committed to the E-2 enterprise.

The E-2 investment amount must be “substantial”, which is subjectively determined based on a proportionality test. The proportionality test weighs the investment amount versus the cost of the business. Generally speaking, if the cost of the business is lower, a substantial investment requires a higher percentage of investment by the treaty investor. On the other hand, if the cost of the business is very expensive, a substantial investment would require a lower percentage of investment by the treaty investor.

When you unwrap the way this service works, here’s an overview of what you can expect…

A Strategic Plan

We don’t believe in “winging it”. This service includes an initial meeting with a lawyer to discuss your goals, your concerns, and to answer any questions you have. We will go over the visa requirements and will guide you through the entire process. You will feel comfortable, knowledgeable, and confident.

An Execution Strategy

A plan is nothing without execution. You’ll get a customized checklist so that you can start gathering the best possible evidence for your application. We will make document collection as painless as possible with a customized upload link and a secured shared folder that you can add to, whenever it is most convenient for you.

Attention to Detail - Always

We’ve got checks and balances along the way to ensure that nothing gets missed. You’ll do a few simple questionnaires and we will do all the heavy lifting behind the scenes. We have systems, processes, and technology in place to help reduce the chance of errors.

Support - Reach out anytime you get stuck

Schedule a call or email us with your questions - whenever, at no extra charge. You can always expect a response within one business day. However, the goal is to anticipate as many of your questions as possible and provide you with lots of resources and information so that you always have a clear picture of what comes next.

Here's a snapshot of our process:

Step 1 

Schedule a Strategy Session

This will allow us to get to know each other and figure out if we are a good fit. If you decide to move forward within 30 days of your consultation, the consultation becomes free.

Step 2 

After you agree that we are a good fit, it is time to come up with a tailored plan and execute it. We will go over strategy and a roadmap of how to gather the best evidence, what affidavits are required, and how to put together flawless forms.

Step 3 

Amazing—now that we are almost there, we will put your entire application through an  error-proofing review system and discuss how it can be made even better. No cutting corners here.

Please note, to keep up with our high service standards, there are limited spots available each month.