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Temporary Visas
A Selected Chapter From Immigration Made Simple,
An Easy to Read Guide to the U.S. Immigration Process
(5th Edition)
Barbara Brooks Kimmel and
Alan M. Lubiner, Immigration Attorney
January 2000
E-1 & E-2. Treaty Trader or Investor
E-1 visas are available to Treaty Traders, while E-2 visas are available to Treaty Investors. Both categories require that the United States maintain treaties of commerce and navigation with the foreign country, allowing for trade and/or investment in the United States. Aliens applying for either type of "E" visa must have the same citizenship of the country that maintains the treaty with the United States. The following is a current list of countries that have such treaties. Countries followed by one asterisk (*) have treaty trader provisions, allowing only for issuance of E-1 visas. Countries followed by two asterisks (**) have treaty investor provisions, allowing only for issuance of E-2 visas Countries with no asterisk(s) maintain both treaty trader and treaty investor provisions, and issue both types of visas.
Bilateral investment treaties will soon authorize E-2 status for nationals of Albania, Azerbaijan, Belarus, Croatia, Estonia, Jordan, Latvia, Nicaragua, Russia, and Uzbekistan. Once ratified by the U.S. and each country involved, these treaties should take effect about thirty days after the countries exchange instruments of ratification.
1) Treaty Traders
Treaty traders enter the United States for the sole purpose of carrying on substantial trade. Many are self-employed people whose trade with theU.S. accounts for more than 50% of their total volume of trade. The definition of "trade" has been expanded over the years to encompass not only goods and services, but also trade in technology. The treaty trader may also be an employee of a company that qualifies for treaty trader status, but the employment must be in a position that is either executive or supervisory in nature, or one involving essential skills.
2) Treaty Investors
Treaty investors enter the United States to make a substantial investment in a U.S. business, and to direct and develop the business. There is no specific dollar amount needed to qualify for this type of visa. The investment must, however, be substantial in terms of the total investment in the enterprise. The investment must be in a business that generates active income, rather than passive income such as rental property, and the business must be at least 50% owned by nationals of the treaty country, (that being the same country of nationality as the alien investor). Treaty investors may also be employees of a company that qualifies for treaty investor status, but like the treaty trader, the employment must be in a position that is either executive or supervisory, or one that involves essential skills.
Rules involving "E" visas are very complex, and there are ramifications of some treaties, including certain rules under NAFTA (the North American Free Trade Agreement) that affect the procedures for entry into the United States. (See Chapter 5). Those seeking "E" visa status should speak with an experienced immigration practitioner.
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