USCIS application procedures :
E-1 Treaty Trader, E-2 Treaty Investor
E-1 (Treaty Trader) and E-2 (Treaty Investor) visas are excellent for those businessmen who wish to enter into long term business ventures in the United States. These visas are available, however, only to those aliens who are citizens or nationals of treaty countries, to wit, those countries that have entered into treaties of commerce and navigation with the United States.
E-1 and E-2 visas are defined by the US immigration and Nationality Act respectively, as visas to an alien who is "entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he or she is a national and, (1) solely to carry on substantial trade, principally between the United States and the foreign state of which he or she is a national, or (2) solely to develop and direct the operation of an enterprise in which he or she has invested or of an enterprise in which he or she is actively in the process of investing a substantial amount of capital."
An E-1 or E-2 visa can be either for the principal applicant, or for a managerial employee of the E-1 or E-2 company. In both cases the employer must have the nationality of the treaty country or, if an organization, it must be principally owned by personnel from the treaty country. For E-1 purposes, the trade must be of a substantial nature that is international in scope, and must be principally between the United States and the foreign state of which the applicant is a national. If the applicant is an employee, he or she must be engaged in duties of a supervisory or executive character or must have some specific qualifications that would make his or her services essential to the efficient operation of the employer's enterprise.
For an E-2 visa, the applicant must have invested or must be investing in a bona fide enterprise and not be coming to the United States solely in connection with the investment of a small amount of capital in a marginal enterprise solely for the purpose of earning a living, or if the applicant is an employee, he or she must be employed in a responsible capacity by an individual or company that has made a substantial investment in a business enterprise in the United States.
Unlike other types of non-immigrant visas, the E visas do not require the alien to establish that he or she is proceeding to the United States for a specific temporary period of time. The regulations merely require that the alien demonstrate intent to depart upon termination of his or her status. Also, the E visa applicant need not demonstrate that he or she has a residence in a foreign country which he or she has no intention of abandoning. There should be some indication however, that the alien will eventually return to his or her country upon the termination of their stay in the United States.
To qualify for an E-1 visa, the applicant must be coming to the United States to "carry on substantial trade, principally between the United States and the foreign state of which he or she is a national." While the amount of trade is obviously important, the State Department is more concerned with the volume of trade rather than the monetary amount. Therefore, many transactions of relatively small volume could establish the necessary course of trade as outlined in the statute. Furthermore, the trade must be principally between the United States and the country of the alien's nationality. This requires that at least fifty-one (51%) percent of the total amount of trade be between the United States and the country of which the alien is a national.
The E-2, Treaty Investor Visa, requires that the applicant be coming to the United States to develop and direct the operations of an enterprise in which he or she has invested or is actively in the process of investing, a substantial amount of capital. As previously noted, the investment must be substantial and not just a small amount of capital invested in a marginal enterprise for the purpose of earning a living. There has been no specific guideline on the minimum amount of investment, although the Regional Commissioner for the Southern Region of the US immigration service has stated that an investment of more than seventy-five thousand ($75,000) dollars could qualify. (However, a significantly larger investment is generally recommended.) Also, an "investment" means the placing of funds or other capital assets "at risk" in the hope of generating a return on the funds. Therefore, uncommitted funds in an idle bank account do not constitute an investment. Furthermore, an idle, passive, speculative investment merely held for potential appreciation in value such as land or stocks does not qualify under the statute.
In addition to the substantial investment in a business enterprise, the investor must be coming to the United States to develop and direct the operations of the enterprise in which he or she has made the investment. This means that the principal treaty investor must have at least fifty-one (51%) percent ownership of the investment, unless he or she is coming as an employee of the enterprise.
Generally, an E visa will be issued for a period of five (5) years. The spouse and children of the principal applicant will also receive E visas for the same period of time. When they enter the United States, they will be given a period of stay of one (1) year. If the alien desires an extension, he or she would file a request for an extension with the US immigration and Naturalization Service on US immigration form I-129, together with the E supplement, and an extension will be granted in increments of two (2) years. The State Department Visa Office can also reissue an E visa without the need of the alien leaving the United States in order to have the visa placed in his or her passport. The spouses of "E" aliens may obtain employment authorization by filing form I-765, together with supporting documentation, with the appropriate US immigration service center. They will be authorized employment for the period of admission and/or status of their spouses, but not to exceed two years.