TREATY TRADER AND INVESTOR
Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation.
E visas permit the investor/trader and their family (spouse and unmarried children under 21) to live in the United States during the validity period of the visa. The visa holder must carry on substantial trade between US and their contry in nationality or develope and direct the operations of an US based entreprise. Employees with the same nationality as treaty traders or investors qualify for E status. Dependent spouses are authorized to work.
The E-1 trader visa is intended for individuals who wish to trade in services or technology in the United States. Visa applicants must engage in substantial trade, where over fifty percent or more of the total volume of international trade involved is between the US and the country of applicant’s nationality. Items to be traded include goods, services, insurance, transportation, tourism and technology. The employee of a treaty trader may also be eligible for an E-1 visa if they engage in executive or supervisory duties or if they have special skills or qualifications.
The term "trade" has been defined to include banking, insurance, transportation, tourism, communications, data processing, advertising, accounting, design and engineering, management consulting, technology transfer, and other measurable services that can be traded.
Terms and Extensions
The validity period of an E -1 visa depends upon the visa holder's nationality. An E-1 visa holder and dependents may be admitted for no more than two years, and can extend in two year increments. If the E-1 visa holder leaves the United States, they will typically be granted an additional two year stay upon re-entry without having to file for an extension.
Spouses and children (under 21) of E-1 visa holders can be granted E-1 visas as well. A spouse is permitted to work but children are not. The spouse must apply for employment authorization.
The E-2 investor visa is intended for those who will develop and direct a U.S.-based enterprise that the visa holder has invested in or is currently investing in. The visa holder must have invested a substantial amount of capital. The E-2 visa investor must have at least fifty percent ownership in the business or possess some operating control by means of a managerial position. In order to qualify for the visa, the applicant must show that they have placed their investment at risk through investment in the enterprise. There is no specific amount required, but it must be an amount that will help ensure the success of the business. The employee of an investor may also be eligible for an E-2 visa if they engage in executive or supervisory duties or if they have special skills or qualifications.
Terms and Extensions
The validity period of an E-2 visa depends upon the visa holder's nationality. An E-2 visa holder will be authorized for an initial stay of two years, and can extend in two year increments with no maximum. If the E-2 visa holder leaves the United States, they will typically be granted an additional two year stay upon re-entry without having to file for an extension.
The E-2 visa holder is only permitted to work for the treaty enterprise and its subsidiaries or subsidiaries of a common parent entreprise if certain conditions are met.
Spouses and children (under 21) of E-2 visa are eligible for E-2 visas as well. A spouse is permitted to work but children are not. The spouse must apply for employment authorization.
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