E-1/E-2 Treaty Trader and Investor Visas

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The E-1/E-2 Visa Category was designed for investors and traders and their employees. It is used by business owners, managers, and other employees who need to come to the United States to oversee business interests, investments, conduct trade, and other related activities receive visas. The work must either involve a major investment in the United States or they must represent or work in an enterprise engaged in foreign trade between the United States and another country. They are issued the Treaty Trader or Treaty Investor visa to allow them to carry on their businesses in the U.S. if their home country has a commercial treaty with the US conferring visa eligibility.

There are three primary requirements for the issuance of a Treaty Trader or Treaty Investor Visa:

• The first requirement is that a treaty of Commerce and Navigation or a Bilateral Investment Treaty must exist between the United States and the country of nationality of the foreign company or investor.
• The second requirement is that the company or individual engaging in trade or investment in the United States must have the same nationality as the treaty country.
• The third requirement is that the nationality of the employee or principal employee coming the United States must have the same nationality as the treaty enterprise.

There are some specific requirements and restrictions which apply when determining "nationality" for the purposes of this law.

 

If the individual who is coming is an employee of a treaty trader or a treaty investor, then he or she must demonstrate that they are coming to engage in the duties of an executive or supervisory nature, or that the person has special qualifications which make the alien's services essential to the efficient operation of the enterprise. The employee must again have the same nationality as the principal alien employer.

 

Qualifying "trade" for this visa category includes goods, services, international banking, insurance, monies, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and some news gathering activities. The trade for which the person is entering the United States must be to facilitate a continuous flow of trade, and numerous transactions over time. Additionally, at least 50% of the trade volume must be between the United States and the treaty country of the treaty traders nationality. There are other criteria which also must be met. Thomas Bassett and Associates is able to assist you in reviewing your company's trade with the United States to determine if it qualifies the treaty trader for entry to the United States as an E-2 Treaty Trader.

 

Investments which qualify an individual for E-1 status are those involving a substantial amount of unsecured personal business capitol or the capitol secured by the investors personal assets, which are placed at risk in the process of irrevocably investing in a bona fide enterprise. An investor must demonstrate that he or she will owns at least 50% of the enterprise and is coming to the United States to develop and direct the investment enterprise. An employee of an investor, must still demonstrate that this is true of the the treaty investor for which s/he is employed. The applicants position must be principally and primarily executive or supervisory in nature such that they provide the employee ultimate control and responsibility for the enterprises overall operation or a major component thereof.

 

E-1/E-2 visas are granted for an initial period of 2 years, however, this period can be extended almost indefinitely. In order to be granted an extension the person must prove that s/he has:

• Maintained the terms and conditions of his or her E non-immigrant classification;
• Was physically present in the United States at the time of filing the application for extension of stay;
• Has not abandoned his or her extension request; and
• Has a passport which is valid for at least 6 months.
• Additionally, individual employees issued an e-1 or E-2 visa because they have special skills who are responsible for the start-up operations of the enterprise must show why they have not been able to complete their duties within the initial two year period granted by the INS.

Unlike some other non-immigrant visas, however, the E visa category does not require that the individual have a residence abroad that they have no intention of abandoning. The dependents of an E-2 treaty Trader or an E-1 Treaty Investor are granted the same status as the principal alien, do not have to hold the same nationality, and may remain in the United States while the principal alien makes brief visits abroad as long as the familial relationship still exists and the principal alien remains eligible for the status.

For more information about this special non-immigrant visa category, including a special consultation to determine if you or your employee may qualify for this status, please contract Thomas Bassett and Associates. Let us put our knowledge of international trade and investment, as well as our immigration expertise to work for you.

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