Treaty Trader & Treaty Investor

OVERVIEW

What Are E-1 and E-2?

The E-1 Treaty Trader visa is for nationals of countries with qualifying commerce treaties who carry on substantial trade — including trade in services or technology — principally between the U.S. and the treaty country. The E-2 Treaty Investor visa is for those who have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide U.S. enterprise.

Both categories are employer-specific and require that the applicant be employed in a supervisory, executive, or essential skills capacity. Nationals of the treaty country must own at least 50% of the business for either category.

ELIGIBILITY

Who Qualifies

• Must be a national of a country with which the U.S. maintains a qualifying treaty of commerce and navigation
• E-1: Trade must be substantial (volume, continuity, and nature of transactions) and principally between the U.S. and treaty country
• E-2: The investment must be substantial relative to the total cost of the enterprise, at risk, and operational or actively being deployed
• E-2: The enterprise must not be a marginal business — it must have present or prospective capacity to generate more than sufficient income to support the investor
• The applicant must occupy an executive, supervisory, or essential skills role with the qualifying enterprise