Business Specialty Visa Plan Treaty Trader/ Investor visa E

Treaty Trader / Investor E visa

One of the ways in which the United States promotes international trade and commerce is by entering into treaties of friendship, commerce and navigation with selected countries. This opens the door for buying and selling goods and services, as well as investment, between the US and the treaty country.

The E visa is specifically designed to facilitate travel to the US of a trader or investor who is a citizen of a treaty country. It’s as simple as that. If you happen to be a trader, you will get an E-1 visa, while investors would get an E-2 visa.

NOTE: This visa guide does not deal with the E-3 visa, designed exclusively for Australian specialty occupation workers.

An important first step for anyone from a treaty country who is planning to visit the US as a trader or investor is to register the company with the United States Department of State as a trader or investor. An application for an E-1 or E-2 visa can only be made once the company has been granted Trader or Investor status.

Who is eligible for an E-1 or E-2 visa?

An obvious criterion is that you must be a citizen of a country that has a treaty with the US. Some treaty countries only issue E-1 visas while others issue E-2 visas. There is a third set of countries that issue both kinds.

You should be visiting the US for either of these two reasons —

To engage in significant trade between your treaty country and the US, in areas including services or technology, or other qualifying areas such as international banking, insurance, transportation, tourism and communications.

To develop or manage the activities of a company in which you have invested significant capital.

To qualify for an E-1 visa as a Treaty Trader

The basic eligibility conditions for an E-1 visa include —

• The trading firm on whose behalf you will visit the United States must have the nationality of the treaty country. In legal terms, at least 50% of the company must be owned by persons with the treaty country’s nationality.
• The trading firm must be registered with the US Department of State as a Treaty Trader. There is a separate one-time procedure for this that first-time visa applicants must go through.
• The international trade must be sizable, ongoing and continuous. The number of transactions is given greater importance than their size while considering your application.
• More than half the total international trade of that trading firm must be with the US.
• You must be an essential employee of that firm, either working in a supervisory or executive capacity, or having highly specialized skills essential to the firm’s working. Ordinary skilled or unskilled workers do not qualify for an E-1 visa.

To qualify for an E-2 visa as a Treaty Investor

The basic eligibility conditions for an E-2 visa include —

• The investing firm on whose behalf you will visit the United States must have the nationality of the treaty country. At least 50% of the company must be owned by persons with the treaty country’s nationality.
• The investing firm must be registered with the US Department of State as a Treaty Investor. There is a separate one-time procedure for this which first-time visa applicants must go through.
• The investment must be committed, substantial enough — at least $100,000 — to be irrevocable and ensure success. Uncommitted funds in a bank account or similar security are not considered as an investment.
• The investment must generate significantly more income than just to provide a living to you and your family, or it must have a significant economic impact in the United States.
• As the investor, you must have control of the funds and you should be the one shouldering the normal risks that come with a commercial investment.
• You must be coming to the US to develop and direct the enterprise you have invested in. If you are not the principal investor, you would have to be an essential employee working either in a supervisory or executive position, or possess a highly specialized skill crucial to the company’s success. Ordinary skilled and unskilled workers do not qualify.

How long can you stay in the US on an E visa?

Your initial E-1 or E-2 visa will let you stay in the US for two years. After that period, you can get two more years by requesting an extension. There is no limit to the number of extensions you may request. Although you can apply for a Green Card while on an E visa after changing your visa status, an E visa itself is not a pathway to becoming a permanent resident one day. You will be expected to return to your home country as soon as your E visa status ends. This could happen because your company’s treaty status was not renewed, or perhaps you found a new job. In the latter case, depending on the job, you could remain in the US by applying for a change of visa status.

How do you apply for an E visa?

If you’re a first-time applicant for an E visa, you will follow a slightly different process, starting with an application to register your firm as a Treat Trader or a Treaty Investor.

The applications, whether for the first time or otherwise, are done through Form DS-156E, a single three-part form. If you are applying to register your firm as a Treaty Trader or a Treaty Investor, you would need to fill and submit only Parts 1 and 2. If you are applying for an E-1 or E-2 as the owner or eligible employee of a firm already registered as a Treaty Trader or Treaty Investor, you would need to complete only Part 3 as well as file a DS-160 Nonimmigrant Visa application online.

The steps below are not for first-time applicants but owners or employees of already registered Treaty companies. The order and completion process of these steps may vary depending on the US Embassy or Consulate where you apply. To be doubly sure, please check the instructions available on the embassy or consulate website where you plan to apply.

1. Complete the DS-160 Nonimmigrant Visa Application. Form DS-160, which you can complete online, is also known as the Nonimmigrant Visa Application. To do this efficiently and successfully, keep the following at hand before going online —

• Your passport, with at least 6 months validity.
• A visa photograph (to upload). The photo should conform to US Immigration photo specifications.
• Travel itinerary.
• Dates of every international trip you have made in your last five years, including to the US.
• Information on your current and previous education and work history.

More information about filling out the DS-160 form is available online. Remember to print out the DS-160 application confirmation page with the barcode after completing the form. You will need it at the interview.

3. Pay the visa application fee: This is $205 for the DS-160 application for an E visa and can be paid online. (Note that the DS-160 fee for most other visas is $190.)

Print out a receipt confirming your payment. You will need it at the visa interview later. In some countries, this fee is payable at the time of your interview, and in others, it must be paid in advance.

4. Find your nearest US Embassy or Consulate. You can find the address online or by checking the global list of US Embassies and Consulates. Make a note of the address. You will need it in the next step.
5. Prepare for your visa interview. Some of the documents you will need are —

• Form DS-160 for nonimmigrant visa applicants
• Form DS-156E for nonimmigrant trader or investor registration and visa applications
• A copy of your passport (should be valid 6 months beyond your stay)
• Color ID photograph showing your full face
• Proof of one year’s worth of trading activity
• Your CV/resume
• Evidence of skill and/or employment
• Evidence of US remittance (bank loans, transfer exchange permits, etc.)
• Evidence of establishment in the US
• Evidence of nationality
• Evidence of trade between the treaty country and the US
• Evidence that the business is real and legit (annual reports, news articles, etc.)

You can see more details of the required documents by going through Parts 1, 2 and 3 of the DS-156E application form.

6. Schedule your visa interview. Contact the US Embassy or Consulate nearest to you, preferably the one you named on the DS-160 form, and schedule your interview. Generally, only applicants between 14 and 79 are required to go for a visa. However, this is entirely discretionary and depends on the visa officer’s assessment.

Waiting times for interview appointments tend to vary by country, time of year and visa category, so seek an interview as soon as you can and expect to wait as long as six months or more to get a date. Check the US Embassy or Consulate website for the interview waiting time in your country.

7. Go for the visa interview. The visa officer may request additional documents at his or her discretion and these requirements may vary from country to country.

How much does an E visa cost?

The only cost involved in getting an E-1 or E-2 visa is the $205 fee for filing the Form DS-160 Nonimmigrant Visa application.

Bear in mind that, unlike the H-1B visa, the H-1B1 is a nonimmigrant intent visa. This means that you may not apply for permanent residency while you are on an H-1B1 visa.

Need more help?

You may feel that you would like to have professional help in making your application or would perhaps like to consult an immigration lawyer who specializes in immigration and visa matters. In this case, you can explore some of your options, including how to access our exclusive, vetted list of professional immigration lawyers.

If you have questions or would like clarifications, please send us an email. We’ll do our best to get back to you within 24 hours with an answer.

If you have questions or would like clarifications, please send us an email. We’ll do our best to get back to you within 24 hours with an answer.