What is the E Visa?
The E visa is a distinguished nonimmigrant visa category highly favored by executives, investors, and business professionals due to its significant advantages. With expanding trade and investment relations between the United States and treaty countries, the E visa has grown increasingly popular among foreign corporations, entrepreneurs, and investors. It facilitates streamlined, ongoing access to the U.S., making it an ideal choice for those engaged in international commerce.
This visa category is particularly well-suited for senior executives and managers of major commercial and industrial enterprises, enhancing its prominence within the global business community.
Eligibility for the E visa requires applicants to be nationals of a country maintaining a treaty of commerce and navigation with the United States. Notably, recent amendments in immigration law may permit nationals from certain countries without formal treaties to qualify, contingent upon reciprocal treatment of U.S. citizens. For instance, the Immigration Act of 1990 incorporated Australia and Sweden among eligible treaty countries.
Overall, the E visa provides an excellent nonimmigrant pathway for foreign nationals seeking to live and work in the United States.
How Do You Qualify for an E Visa?
Applicants must enter the United States as either an individual or as a qualified employee of a treaty company, for one of the following purposes:
- E-1 Treaty Trader Visa: To engage in substantial trade principally between the United States and the applicant’s country of nationality.
- E-2 Treaty Investor Visa: To develop and direct the operations of an enterprise in which the applicant has invested, or is actively investing, a substantial amount of capital.
Eligible Foreign Nationals
The United States maintains treaty trader agreements with over 40 countries and treaty investor agreements with more than 30 countries. Citizens of these treaty nations may qualify for E-1 (Treaty Trader) or E-2 (Treaty Investor) visas, depending on the treaty’s terms.
For an up-to-date list of treaty countries, please refer to the U.S. Department of State’s official website.
Prerequisites for E Visa Classification
Applicants must satisfy the following requirements:
- Treaty Requirement: There must be a valid treaty of commerce and navigation between the United States and the applicant’s country of nationality permitting E visa status.
- Nationality Requirement: The applicant must be a citizen of the treaty country. For employees, the employing company must be at least 50% owned by nationals of the treaty country who are not U.S. permanent residents.
- Trade or Investment Requirement:
- E-1 (Treaty Trader): Substantial trade primarily between the U.S. and the treaty country.
- E-2 (Treaty Investor): A substantial investment made or in progress in a U.S. business enterprise.
Benefits of E Visa Status
The E visa offers multiple benefits, including:
- Many privileges similar to permanent resident status without the requirement of a green card.
- Initial visa issuance typically spans five years, with renewals in five-year increments.
- Upon each U.S. entry, a one-year authorized stay in E status is GENERALLY granted, extendable indefinitely, provided eligibility is maintained.
- The ability to travel internationally and reenter the U.S. to reset the one-year period of stay, minimizing extension filings.
- Spouses of E visa holders are eligible to apply for unrestricted work authorization in the United States.
- Dependent children and spouses may attend school without changing their immigration status.
Note: Automatic one-year extensions upon reentry generally apply only to the principal visa holder; dependents must apply separately for extensions if remaining in the U.S.
Additional Advantages
- More lenient requirements regarding demonstrating nonimmigrant intent, such as affirming the intention to depart upon visa expiration.
- No obligation to maintain a foreign residence, only a credible intention to return to the country of origin.
- Eligibility extends to spouses and unmarried children under 21 regardless of their nationality.
- Extensions of stay can be renewed indefinitely if all criteria continue to be met.
E-1 Treaty Trader Visa: Key Points
To qualify for E-1 status, applicants must show engagement in “substantial” trade between the U.S. and their treaty country, where trade includes:
- The exchange, purchase, or sale of goods (tangible products) or services (economic activities without physical goods).
- Examples of services include banking, insurance, communications, consulting, technology transfer, and more.
Substantial trade is assessed case-by-case based on factors such as transaction volume, dollar value, continuity, and the percentage of trade with the U.S. The standard is flexible to accommodate both small and large businesses.
E-2 Treaty Investor Visa: Key Points
Applicants must demonstrate they are entering to direct and develop a business in which they have invested or are actively investing substantial capital. Key considerations include:
- Investment Control: The investor must have control and be irrevocably committed to the investment. Funds must be “at risk” to qualify.
- Sources of Investment: Personal loans secured by personal assets are generally acceptable; loans secured only by business assets are not.
- Business Viability: The enterprise must be real, active, and producing more than minimal income beyond supporting the investor.
- Substantiality: The investment should be proportional to the cost of establishing a viable business in the U.S., with flexibility for business size. To evaluate whether the investment is substantial, a proportionality test is applied. This compares the amount actually invested vs. the total cost of purchasing or creating the enterprise or the amount normally required to establish a similar viable business in the U.S.
Company and Employee Requirements
- The company must be at least 50% owned by nationals of the treaty country.
- Ownership through parent or subsidiary companies is permissible, provided ultimate ownership is properly documented.
- Employees applying under E-1 or E-2 must serve in executive, managerial, or specialized roles essential to the business’s operations.
- Employees with specialized knowledge may qualify even if not in executive or managerial roles.
Family Members and Travel
- Spouses and unmarried children under 21 may accompany or join the principal visa holder, granted the same status.
- Spouses may seek employment authorization.
- Each departure and reentry into the U.S. renews the authorized one-year stay for the principal visa holder.
Application Process and Required Documentation
Applicants must submit the following to the U.S. consulate, with specific requirements varying by country:
- Treaty Trader/Investor Forms detailing company profiles and personnel.
- Form DS-160, Nonimmigrant Visa Application.
- Passport and recent photographs.
- Letters from involved U.S. and foreign companies.
- Documentary evidence proving investment or trade activities.
Additional supporting documents may include:
- Detailed business reports and future plans.
- Certificates of incorporation and business licenses.
- Documentation of trade activity and investment.
- Financial statements and organizational charts.
Questions & Contact Us
Wildes & Weinberg is proud to offer legal services as your dedicated E-1 Visa Lawyer or E-2 Visa Lawyer. With years of experience navigating the intricate requirements and nuances of E visa applications, we provide comprehensive guidance tailored to your unique business and immigration needs. Our team is committed to ensuring your application is thorough, accurate, and positioned for success. Whether you are a business owner, investor, or trader seeking to establish or expand your operations in the United States, we understand the complexities involved and can help simplify the process for you.
For more information, please do not hesitate to contact us directly at michael@wildeslaw.com.