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How
to Meet the Requirements of Principal Trade, Substantial Trade, and Substantial Investment for E-1 & E-2 Visa Application |
| Hi
William, We want to apply for E-1 and E-2 visa for some empoyees to work in U.S. for our new company in the United States. How to meet the requirements of principal trade, substantial trade, and substantial investment for E-1 visa and E-2 visa application? Answer, 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. |
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