E-1 and E-2 Visas: Treaty Trader & Treaty Investor Guide
Foreign nationals have several pathways to legally enter and work in the United States, one of which is through temporary nonimmigrant visas. Among the most popular are the E-1 Treaty Trader visa and the E-2 Treaty Investor visa, both designed for nationals of treaty countries that maintain commerce and navigation agreements with the U.S. While both categories fall under the “temporary worker visa” umbrella, they serve different purposes and have distinct qualification requirements.
Understanding the differences between the E-1 and E-2 visas—and determining which option is best suited for your situation—is crucial. Below, Green Card Link explains the details, benefits, and requirements of each visa category.
The E-1 Visa: Treaty Trader
The E-1 visa allows nationals of treaty countries to enter the U.S. for the purpose of conducting substantial international trade. These visas are particularly beneficial for entrepreneurs, executives, managers, and key employees who are essential to the successful operation of a U.S. business engaged in trade.
General Qualifications for E-1 Classification
To qualify for an E-1 Treaty Trader visa, you must:
- Be a national of a treaty country with which the United States maintains an active commerce and navigation agreement.
- Engage in substantial trade between the United States and your treaty country.
- Ensure that at least 50% of your international trade is conducted between the U.S. and the treaty country.
What counts as trade? Trade includes the exchange of goods, services, technology, banking, insurance, tourism, transportation, news-gathering, and more. The emphasis is on ongoing, sizable transactions rather than a fixed dollar amount.
Why Choose the E-1 Visa?
The E-1 is attractive due to its relatively fast processing time and its ability to keep essential business leaders and staff in the U.S. to manage operations.
The E-2 Visa: Treaty Investor
The E-2 visa is similar in many respects to the E-1 but focuses on capital investment rather than trade. This visa is designed for investors from treaty countries who are putting a substantial amount of capital into a U.S. business.
General Qualifications for E-2 Classification
To qualify for an E-2 Treaty Investor visa, you must:
- Be a national of a treaty country.
- Have already invested, or be actively in the process of investing, a substantial amount of capital in a legitimate U.S. enterprise.
- Enter the United States with the intent of developing and directing the investment enterprise. This can be established by holding at least 50% ownership or maintaining operational control through a senior management role.
Defining “Substantial” Investment
A qualifying investment must be:
- Proportionately significant compared to the total cost of establishing or purchasing the enterprise.
- Sufficient to ensure the investor’s ability to successfully run the business.
- More than marginal—meaning the business must be able to generate enough income beyond supporting the investor and their family, typically within five years.
Additionally, the investment funds must be lawfully obtained and irrevocably committed to the business.
Period of Stay for E-1 and E-2 Visa Holders
Both E-1 and E-2 visa holders, along with their employees, are granted an initial stay of two years in the United States. Extensions are available in two-year increments, and there is no limit to the number of extensions that may be granted.
Key benefits include:
- Automatic two-year readmission when traveling abroad and returning to the U.S.
- The ability to remain in the U.S. indefinitely, provided you continue meeting the visa requirements.
Employees of Treaty Traders or Investors
Employees of E-1 or E-2 visa holders can also qualify if they meet the following requirements:
- Share the nationality of the principal treaty trader or investor.
- Meet the legal definition of “employee.”
- Serve in either an executive/supervisory capacity or possess unique skills essential to the business.
Special qualifications are determined by the level of expertise, availability of skills in the U.S., and the role’s importance to the enterprise’s operations.
Terms and Conditions of E-1 & E-2 Status
Visa holders must engage only in the business activities approved by USCIS. However, work for a parent company or subsidiary may be allowed if:
- The corporate relationship is clearly established.
- The role requires executive, supervisory, or essential skills.
- USCIS is notified of any substantive changes (such as mergers, acquisitions, or major organizational shifts) via Form I-129.
E-1 vs. E-2 Visa Costs
Both visas require filing Form I-129, which carries a $460 filing fee. If you are applying from outside the U.S., you must also complete Form DS-160 with a $160 fee and attend a consular interview.
The primary cost difference lies in the investment requirement for the E-2 visa. Unlike the E-1, the E-2 requires substantial financial investment, making it potentially more expensive.
How Green Card Link Can Help
Choosing between the E-1 and E-2 visa can be a complex decision that depends on your unique goals and circumstances. The immigration attorneys at Green Card Link provide personalized guidance to help you determine the best option, prepare your application, and navigate the process with confidence.
If you are ready to pursue your E-1 or E-2 visa, contact Green Card Link today to discuss your case and begin your journey toward business success in the United States.