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The E visa category is frequently used by organisations transferring employees
to the US. It is also used by foreign national traders or investors establishing
their own US businesses. The E-1 visa is for employees or individuals going to
the US for the main purpose of conducting substantial trade between the United
States and their home country. The E-2 treaty investor visa is for employees or
individuals going to the US to develop and direct the operations of an enterprise
in which the employing organisation or the individual themselves have invested
a large amount of capital. It is important to note that only nationals/organisations
of certain countries can use this visa category (further details below). How we can help: We can advise employers and companies on the requirements for qualification as a “treaty trader” or “ treaty investor” company and can assist with preparing the complex application for registration. and Visa application documentation on your behalf. We can prepare the subsequent visa application on your behalf and arrange an appointment for the interview at the US Embassy, as well as ensuring that appropriate visas are obtained for accompanying family members. We also handle extension applications. |
E-1 (Treaty Trader) and E-2 (Treaty Investor) visas are only available for citizens of countries which have either a “Treaty of Friendship, Commerce and Navigation” or a “Bilateral Investment Treaty” with the United States. This category is commonly used by US companies owned by one or more persons who are nationals of a country having the required treaty with the United States (“treaty nationals”) in order to bring foreign nationals of that same nationality to work in managerial or other key positions for such foreign owned companies. Common examples of qualifying E-visa employers would include US subsidiaries of foreign parent companies which are owned by treaty nationals, as well as completely independent US businesses established by treaty national owners (the list of eligible countries is given below).
It is possible for companies to transfer a foreign national to the US if he/she will be employed by a “qualifying US enterprise”, which is defined as a company that is at least 50% owned by individuals or corporations having the nationality of the treaty country. This becomes complex to determine if there is more than one shareholder and issues such as where the company shares are held or traded may have to be considered. The company must either conduct substantial trade with or have a substantial investment in the US. The employee must have the same nationality as the company and be going to the US to assume an executive or supervisory position, or be a highly trained and specially qualified employee whose skills are essential to the successful or efficient operation of the business in the United States.
The E Visa application process takes place in two stages. The company must first apply to be registered. This is usually done at the relevant Consulate in the Company’s home country, but in certain circumstance this may be done through the Citizenship and Immigration Service in the US. Once the Company is registered, the qualifying employee will usually obtain their E Visa from the relevant Consulate in their home country.
E-Visas may be issued with a maximum validity of five years. Once a qualifying employee has been issued a visa they will normally be granted authorisation to stay in the US for a period of two years from the date of each arrival. If still in the US at the end of this two year period, two year extensions can be applied for from within the US. However, as most people in this position travel frequently and are usually granted a further two year stay from the date of each arrival, this is rarely necessary. There is no absolute limit to the length of time treaty nationals may stay in the US in E status as long as they continue to express the intention to return abroad at the conclusion of their US transfer.
Treaty countries (both E-1 & E-2):
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Argentina Australia Austria Belgium Bosnia-Herzegovina Canada Colombia Costa Rica Estonia |
Ethiopia Finland France Germany Iran Ireland Italy Japan Liberia Luxembourg |
Macedonia Mexico Netherlands Norway Oman Pakistan Paraguay Philippines Serbia-Montenegro South Korea |
Spain Suriname Sweden Switzerland Taiwan R.O.C. Thailand Togo Turkey United Kingdom |
Countries with which there is a Treaty of Friendship, Commerce and Navigation (which only gives rise to E-1 status):
Brunei
Greece
Denmark
Israel
Countries with which there is a Bilateral Investment Treaty (which only gives rise to E-2 status):
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Albania Armenia Bangladesh Bulgaria Cameroon Congo (Rep. of the Congo-Brazzaville) Congo (Dem. Rep. of) |
Czech Republic Ecuador Egypt Georgia Grenada Jamaica Kazakhstan Kyrgyzstan Latvia Lithuania |
Moldova Morocco Mongolia Panama Poland Romania Senegal Slovak Rep. Sri Lanka |
Trinidad & Tobago Tunisia Moldova Ukraine Mongolia Zaire |
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