1. The Introduction to E Treaty Visas Over the years, the United States has signed treaties with most of the other countries in the world, in particular treaties of "friendship, commerce, and navigation". These treaties are designed to promote trade and investment between the Uited States and the other countries, thereby encouraging good relations and peace. Individuals or companies of countries with such treaties with the United States can obtain E visas to work in the U.S. to develop and direct their investment or trade with the United States. Such E visas come in two types: the E-1 Treaty Trader visa, and E-2 Treaty Investor visa. The Treaty Trader and Investor Visa are designed for the benefit of nationals of a country with which the U.S. has a treaty of commerce and navigation, or a similar agreement. The E visa classification is divided into two categories: The E-1 visa is for individuals coming to the U.S. to carry on substantial trade; The E-2 visa is for individuals coming to the U.S. to invest a substantial amount of capital, or to direct and develop the business operations of an entity in which the individual has already invested funds. A person may qualify as the principal trader or investor, or as an employee of a trader or investor company having the same nationality. There are no numerical limitations on E-1 and E-2 visa each year. Moreover, these visas are nonimmigrant visas and thus temporary. Treaty trader and investor visas can be renewed or extended only if the investment or trade continues to meet all applicable requirements of U.S. immigration laws and regulations. Persons wishing to remain indefinitely in the United States should apply for the appropriate immigrant visa. More recently, the U.S. has entered into a number of bilateral investment treaties with mainly former communist states, designed to promote investment, but not generally conferring any trade-related immigration privileges. The spouse and children under 21 and unmarried accompanying the principal E holder are usually given the same classification, irrespective of their nationality. 2. The E-1 Treaty Trader Visa Nationals of qualifying Treaty countries who undertake a significant amount of international trade with the United States may qualify for E-1 Treaty Trader visa. The volume of such trade must be sufficient to justify the trader or employee being in the United States to manage the trade, and it must constitute the majority of the trader's international trade, i.e. at least 50% of the trader's exports  / imports must be to or from the United States. There is no set minimum level of trade which is considered sufficient, but obviously the lower the volume of trade the less likely one is to qualify as a E-1 Treaty Trader visa. The following is an example of E-1 Treaty Trader visa: A UK based shoe design and manufacturing company has been trading its goods to the United States for the last several years. Over 50% of their international trade takes place exclusively between the United States and the United Kingdom. Over the last year their trade has grown significantly and now they wish to move sales staff permanently to the United States to help increase their trade. The UK shoe business may benefit from an E-1 treaty trader visa. 3. The E-2 Treaty Investor Visa Nationals of qualifying Treaty countries who have made a significant investment in the United States may qualify for E-2 Treaty Investor visa. Like the E-1 visa, there is no set minimum level of investment which may qualify for E-2 visa, but the lower the investment the less likely one is to qualify. The level of investment must be sufficient to justify the treaty national presence in the United States. The investment must be in an operating business. Simply buying property or stocks and bonds does not qualify the E-2 visa. Also, a substantial part of the investment must have been made before applying for E-2 visa. The following is an example of E-2 Treaty Investor visa: A successful Canadian investor and restaurateur recently purchased a 75% stake in a restaurant located in Los Angeles for $500,000. The restaurant operates at a profit and employs over 35 staffs, most of whom are American citizens. If all the conditions for the visa are met, the investor could obtain an E-2 treaty investor visa to oversee the restaurant in the United States. Also, the investor is able to send over the well qualified head chef to the United States to work in the restaurant. 4. The Basic Requirements for Applying for E-1 Visa and E-2 Visa Treaty Trader visas (E-1) and Treaty Investor visas (E-2) are nonimmigrant visas for citizens of countries which the United States maintains a treaty of commerce and navigation. The E visa applicant must be coming to the United States to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country (E-1 visa); or to develop and direct the operations of an enterprise in which the applicant has invested or is in the process of investing a substantial amount of capital (E-2 visa). The Treaty Trader and Treaty Investor visas were established to facilitate and enhance economic interaction between the United States and other treaty countries. They were not intended to serve as a means for foreigners to retire or merely reside in the United States. U.S. law explicitly states that E-1 visa holders must enter “solely to carry on substantial trade” and E-2 holders “solely to develop and direct the operations of an enterprise” in which he or she has invested. The requirements for applying for both E-1 visa and E-2 visa include: The person has the nationality of a treaty country. If the person will be employed and doing business on behalf of a company, the employing company must be from the same treaty country. The company's nationality is almost always determined by its ownership, though there are special rules for publicly traded companies. A company must be at least 50 percent owned by persons with nationality from the treaty country who are not lawful permanent residents of the United States. In general, unskilled workers and workers with ordinary skills do not usually qualify for the E-1 or E-2 visa. Rather, these visas would be for executives, managers or others with skills and experience that are "essential" to the success of the business operation. Additional requirements specific to E-1 trader visa include: You must be a national of a treaty country; The U.S. enterprise for which you plan to come to the United States must have the nationality of the treaty country; For an enterprise to have the nationality of a treat country, at least 50 percent of the business or entity must be owned by persons with the treaty country’s nationality; The U.S. enterprise will carry out international trade that is substantial, meaning that there is a sizable and continuing volume of trade; More than 50 percent of the international trade involved must be between the United States and the treaty country. The international trade must be substantial in the sense that there is a sizable and continuous flow of trade. More than half of the trade activity must be between the U.S. and the treaty country; Trade means the international exchange of goods, services, and technology. The trade may be in a variety of items such as products, services, or technology, but these items must already exist; If you are not the treaty trader, you must be employed in a supervisory or executive capacity, or possess specialized skills essential to the efficient operation of the U.S. enterprise; You must intend to depart the U.S. when your E-1 status expires; The E-1 visa holder can be an independent trader or an agent or employee of a trader or of a trading company' Additional requirements specific to E-2 investor  visa include: You must be a national of a treaty country. The E-2 visa holder can be the investor, or an employee of the individual or company that is making the investment; The U.S. investment enterprise must have the nationality of a treaty country. For an enterprise to have the nationality of a treat country, at least 50 percent of the business or entity must be owned by persons with the treaty country’s nationality; The investment in the U.S. must be substantial and sufficient to ensure the successful operation of the enterprise. Uncommitted or revokable funds in a bank account or similar security are generally not considered an investment. The investment must also be "substantial," meaning that it is enough to provide a sufficient infusion of capital or credit to permit the business undertaking to be successful; The U.S. enterprise must be a real and operating, commercial enterprise; The investment must come from the investor. The money must be "at risk." Thus, it cannot be a loan that is secured by the assets of the business itself; The investment must be active. This means that a bank account, undeveloped land or stocks, or a not-for-profit organization will not be sufficient to be considered; The enterprise must generate more income than just to provide a living to you and family, or it must have a significant economic impact in the United States; If you are the principal investor, you must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be coming to the U.S. to be employed in a supervisory, executive or possess specialized skills essential to the efficient operation of the U.S. enterprise; You must intent to depart the U.S. when your E-2 status expires.

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