1. Requirements of Principal Trade, Substantial Trade, and Substantial Investment for E-1 & E-2 Visa Application When over 50 per cent of the volume of the treaty trader's international trade is conducted between the U.S. and the country of nationality, it is termed as "principal trade". The "substantial trade" is that volume sufficient to ensure continuous flow of international trade between the U.S. and treaty country, and it should be numerous transactions over time. There is no value or volume minimum. However, smaller businesses are expected to yield income sufficient to support the treaty trader and his or her family. Substantial trade contemplates a continuous flow of trade items between the U.S. and the treaty country. This means numerous transactions rather than a single transaction regardless of monetary value. There is no fixed amount which is considered “substantial investment.”  A substantial amount of capital constitutes that amount which is ample to ensure the investor’s financial commitment to the successful operation of the enterprise as measured by the proportionality test. The proportionality test compares the total amount invested in the enterprise with the cost of establishing a viable enterprise of the nature contemplated or the amount of capital needed to purchase an existing enterprise. The investment must do more than merely yield a return capable of supporting the investor and family. A marginal enterprise is an enterprise which does not have the capacity to generate significantly more than enough income to provide a living for the investor, family and other alien employees. 2. Change Status to E-1 or E-2 visa inside United States If you are in the U.S. already on some other type of a non-immigrant visa, you could change your current status to an E-1 or E-2 status. You can generally change status from one visa category to another, as long as you have been maintaining your status, have not violated your status, and your change of status petition is receive by USCIS before your I-94 expires. Also, USCIS approval does not grant you a visa. The USCIS approval will grant you an E-1 or E-2 status for 2 years, but if you leave the U.S., you will need to apply for an E visa at a U.S. Consulate. Also, you do not need to invest money for an E-1 visa. While a substantial investment is required for an E-2 visa, you do not need to invest money in the U.S. business for an E-1 visa. This means that as long as you meet all the E-1 visa requirements, you do not need to make any upfront investment in the U.S. before your E-1 visa is approved. This is a big advantage of an E-1 visa, and many applicants who qualify for both E-1 or E-2 visa prefer E-1 visa, as they do not need to make that significant upfront investment. For an E-2 visa, you should generally invest around $100,000. 3. The E-1 and E-2 Visa Applicatioh for Small Company The E visa regulations specifically state that small businesses can also qualify for an E-1 and E-2 visa, if they can demonstrate numerous transactions over a period of time, even though they are smaller in value. You are not required to set up a business entity in the U.S. when applying for an E-1 visa or E-2 visa, but it may be necessary to comply with the E visa requirements in some situations. You are not required to submit a Business Plan with your E-1 application, but it still may be a good idea to submit one in some cases. There is no set minimum volume of trade, but you will have to show that the trade is substantial, and there is a continuous flow of trade items between the U.S. and your home country. 4.  How Long May the E-1 Treaty Trader or E-2 Investor Stay in the United States The E-1 and E-2 visa applicant must have the intention of departing the U.S. upon conclusion of the commercial activities. But holders of E visas may reside in the U.S. as long as they continue to meet E-1 visa or E-2 visa qualifications. The E visa “essential employees” may remain only as long as their skills are required to operate the business, and only as long as the owner can show either that U.S. workers cannot be trained to duplicate the skills, or that the owner is making reasonable efforts to train U.S. workers as replacements. The maximum length for which an E-1 or E-2 visa can be issued to a citizen of some country is 5 years. However, whether or not to issue for that length of time is solely the judgment of the U.S. consular officer deciding the case. On initial entry, U.S. immigration officials will authorize the length of stay permitted in the U.S., with extensions generally available for as long as the E visa holder and family maintain their E visa status. Upon expiration of the E visa, the E-1 trader or E-2 investor or employee may apply to renew the E visa. There is no limit on renewals, so long as the applicant continues to qualify. 1) The Length of E-1 Treaty Trader Visa An E-1 Treaty Trader visa is typically valid for two years, but can be extended indefinitely in two-year increments. The length of time an E-1 visa is valid depends on the nationality of the applicant and the degree of reciprocity between the United States and the applicant's country. For example, the U.S. Embassy in London may issue a first E-1 visa for three years for small businesses, or for five years for large companies with many U.S. citizens. Qualified treaty traders and employees will be allowed a maximum initial stay of two years. Requests for extension of stay in, or changes of status to E-1 classification may be granted in increments of up to two years each. There is no limit to the number of extensions an E-1 nonimmigrant may be granted. 2) The Length of E-2  Treaty Investor Visa The length of an E-2 visa can range from three months to five years, depending on the country of origin and the decision of the consular officer. For example, in London, the first E-2 visa is usually issued for three years, while large companies with high turnover may receive a five-year visa. Once granted, the initial stay for an E-2 visa is usually two years at a time, but it can be extended in two-year increments from within the U.S. or by traveling and re-entering with a valid visa. There is no limit to the number of times an E-2 visa can be renewed. 3) Example: Length of Visa for a Citizen of the United Kingdom As an example, the maximum length for which an E-1 or E-2 visa can be issued to a citizen of the United Kingdom is 5 years. However, whether or not to issue for that length of time is solely the judgment of the consular officer deciding the case. As an example, in London, the U.S. Consulate officers typically issue the first E-1 or E-2 visa for three years. They do so because most of the businesses they see are relatively small, and small businesses are volatile, and often do not succeed. If the U.S. Consulate officers renew an E-1 or E-2 visa, they generally do so for the maximum five years although not always. In the case of large companies with high turnover and employing many U.S. citizens, U.S. Consulate officers sometimes issue the first visas for five years. 5. The E Visa Travel Ability, Processing Time, and the Best Time to Apply for E-1 and E-2 Visa Extension One of the fortunate things about the E-1 and E-2 visa are that there are no any travel restrictions imposed, such as the number of times you are permitted to leave and re-enter the Unityed States. The U.S. Consulate or USCIS also does not specify the amount of time you can stay abroad before having to return to U.S. Also, you are permitted to study on an E-1 or E-2 visa but cannot join a full-length program like those on F1. As long as it does not harm the primary interest of your E visa. For E-1 or E-2 visa processing time, Normally, it ranges from two to four months from the filing of the application. Be aware that this can vary depending on the workload in the U.S. Consulate or USCIS. For E-1 or E-2 visa in U.S, it is ideal to file the E visa extension before the I-94 expires. If you file the extension before your I-94 expires, you can still work while pending the decision.

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