E1/E2
Treaty Trader or Investor

The Treaty Trader (E-1) and Treaty Investor (E-2) allow nationals of countries having commercial treaties with the U.S. to engage in trade or business investment activities. 

E-1: Treaty Trader

E-1 is for individuals coming to the U.S. to carry on substantial trade.

E-1 Requirement:

1. The E-1 applicant must be a national of a treaty country, or must share the same treaty nationality as the employing company;
2. The company’s nationality is primarily determined by its ownership subject to special rules for publicly traded companies.  A non-LPR individual with treaty country nationality must own at least 50 percent of the company;
3. The international trade must be “substantial” (over 50%) in the sense that there is a sizable and continuous flow of trade. More than half of the trade activity must be between the U.S. and the treaty country;
4. The trade may be in products, services, or technology. 

The E-1 visa holder can be an independent trader or an agent or employee of a trader or of a trading company. 

E-2: Treaty Investor

E-2 is for individuals coming to the U.S. to invest a substantial amount of capital or to direct and develop the business operations of an entity in which the individual has already invested funds.

E-2 Requirements:

1.  The E-2 applicant must be a national of a treaty country, or must share the same treaty nationality as the employing company;
2.  The investment must legitimately belong to the investor, and the money must be placed “at risk”;
3.  The investment must also be “substantial,” a real and active commercial or entrepreneurial undertaking, producing some service or commodity; and  
4.  The investment must be active. 

Please note that the E-2 visa holder can be the investor, or an employee of the individual or company that is making the investment.  If an employed executive, he or she must be in a position to direct and develop the enterprise. 

In general, E-1 or E-2 visas are designed for executives, managers or others with skills and experience that are “essential” to the success of the operation. 

Spouse and children (under 21 and unmarried) accompanying the principal E holder are usually given the same classification, irrespective of their nationality.