Foreign nationals of approximately 70 countries may enter the U.S. to engage in trade or to make a capital investment under the terms of a treaty between the U.S. and the foreign national’s country.
Although a treaty individual must intend to depart the U.S. when his or her stay is completed, he or she is not required to maintain a foreign residence and does not need to specify a date by which he or she intends to depart the U.S. In fact, the foreign national can remain in the U.S. indefinitely, as long as the trade or investment enterprise continues to qualify for treaty classification and the foreign national continues to maintain valid status.
E-1 (Treaty Traders)
The E-1 classification allows foreign nationals of certain countries with which the U.S. maintains a treaty of commerce and navigation to be admitted to the U.S. to engage in international trade on his or her own behalf. Employees of treaty traders or of a qualifying organization may also be eligible to enter the U.S. under an E-1 classification.
To qualify for an E-1 visa on his or her own behalf, the foreign national must engage in substantial trade where the principal trade is between the U.S. and the country which qualified the treaty trader for E-1 classification. Items of trade can include, but are not limited to, goods, services, international banking, insurance, tourism, transportation, or technology. An employee seeking E-1 status must be the same nationality as the principal foreign national employer and must be employed in a supervisory or executive position.
To qualify as an organization that is eligible to sponsor E-1 employees, the organization must be an enterprise at least 50% owned by persons in the U.S. who have the nationality of the treaty country. The owners must also maintain nonimmigrant treaty trader status.
The E-1 applicant’s spouse and unmarried children under 21 are also eligible for E-1 status. The nationality of E-1 dependents need not be the same as the treaty trader or employee. An E-1 spouse may apply for work authorization once they enter the U.S.
E-2 (Treaty Investors)
The E-2 classification allows foreign nationals of certain countries with which the U.S. maintains a treaty of commerce and navigation to be admitted to the U.S. by investing a substantial amount of capital in a U.S. business. Employees of treaty investors or qualifying organizations may also be eligible to enter the U.S. under an E-2 classification.
To qualify for E-2 status, the treaty investor must be a national of a qualifying country, have invested in or be in the process of investing a substantial amount of capital in a bona fide enterprise in the U.S., and be seeking to enter the U.S. to develop and direct the investment enterprise. An employee seeking E-2 status must be the same nationality as the principal foreign national employer and be engaged in a supervisory or executive role.
To qualify as an organization that is eligible to sponsor E-2 employees, the enterprise must be at least 50% owned by persons in the U.S. who have the nationality of the treaty country. These owners must maintain nonimmigrant treaty investor status.
The E-2 applicant’s spouse and unmarried children under 21 are also eligible for E-2 status. An E-2 spouse may apply for work authorization once they enter the U.S.
