THE HOLT LAW GROUP

E-1/E-2: TREATY TRADERS AND TREATY INVESTOR

E visas are utilized by investor owned or multinational U.S. companies. It is only available for countries which the U.S. has a Treaty of Trade & Commerce.

To qualify as an E-1 trader, a foreign business person must enter the U.S. to carry on “substantial trade in goods or services in capacities supervisory or executive or involves essential skills”. Trade must be an international exchange (negotiated contracts binding parties) of trade items between the U.S. and treaty countries.

To qualify as an E-2 investor, the individual must develop and direct the operations of an enterprise in which he or she has invested, or is actively involved in the process of investing, a substantial amount of capital.

E-2 visas require investments not be marginal (i.e. not sole means of support), goals of investments are to support U.S. workers, and E-2 visa holders have ability to support family members. E-1 and E-2 holders must establish they will leave the U.S. upon the end of status.

Application Procedures:

Applications are made at U.S. Consulates in foreign countries. U.S. consuls specializing in E visas conduct an interview. Applications may be made in the U.S. to change status to that of E-1 or E-2, but if travel is required new applications have to be made at the consulate.

Dependents:

A spouse and unmarried minor children (under 21) are eligible for E visa status and can enter the U.S. Spouses may apply for permission to work or attend school upon entry to the U.S. Duration: E visas are issued for 5-years. Visa duration for new businesses are granted for shorter durations of 1-2 years. Traders and investors can obtain E status indefinitely as long as businesses are viable and comply with applicable law.