What is an
E-1 or E-2 VISA?
The “E” visa is based on treaties between
the U.S. and certain foreign countries that are intended to encourage
trade and investment.
E-1 “treaty investors” visas are
available for personnel of companies engaged in trade with the
U.S.
E-2 "treaty investors" visas are available for personnel
of companies engaged in business in the U.S. which represents
a substantial investment in the U.S.
The “E” visa is only available for citizens of
certain countries, such as Japan, which have entered into the requisite
treaty with the U.S. The initial “E” visa period is for the term of
one year. However, the visa can be extended almost indefinitely.
Principal Requirements:
There must be a treaty in force between the
United States and the particular country of which the visa applicant
is a citizen. Note: For “E” visa purposes, Sweden and Australia
qualify even though no specific treaty exists.
Each visa applicant must be a citizen of the treaty country.
The particular company sponsoring the visa applicant must be primarily
owned or controlled by nationals of the treaty country.
Specific Requirements for E-1 Treaty Traders visa:
The company sponsoring the visa applicant
must be engaged in a substantial amount of trade principally between
the U.S. and the treaty country; and
The visa applicant must be either a manager or executive (including
an owner), or one who has essential skills.
Specific Requirements for E-2 Treaty Investors
visa:
The investment in the U.S. must be active
and substantial. Passive investments that do not create jobs in
the U.S. or investments that will only benefit members of the investor’s
family generally will not qualify.
The visa applicant must be either an investor who will "develop
and direct the investment", a manager or executive, or a specially
trained employee necessary for the development of the investment.
Which Countries Qualify For Trade and Investor
Treaty Visas?
The list of qualifying countries changes as new trade treaties are ratified
by the U.S. Congress.
Trade Countries Qualifying For The E-1 Visa
Argentina, Australia, Austria, Belgium, Bolivia,
Bosnia-Herzegovina (Yugoslavia), Brunei, Canada, China (Taiwan),
Colombia, Costa Rica, Croatia (Yugoslavia), Denmark, Estonia, Ethiopia,
Finland, France, Georgia, Germany, Greece, Honduras, Ireland, Israel,
Italy, Jamaica, Japan, Korea, Latvia, Liberia, Luxembourg, Macedonia
(Yugoslavia), Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay,
Philippines, Slovenia (Yugoslavia), Spain, Sri Lanka, Suriname,
Sweden, Switzerland, Thailand, Togo, Turkey, U.K. and Yugoslavia.
Investor Countries Qualifying For The E-2 Visa
Argentina, Armenia, Australia, Austria, Bangladesh,
Belgium, Bosnia-Herzegovina (Yugoslavia), Bulgaria, Cameroon, Canada,
China (Taiwan), Colombia, Croatia (Yugoslavia), Republic of Congo,
Democratic Republic of Congo (former Zaire), Costa Rica, Czech Republic,
Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany,
Grenada, Honduras, Ireland, Italy, Jamaica, Japan, Kazakhstan, Korea,
Kyrgyzstan, Liberia, Luxembourg, Macedonia (Yugoslavia), Mexico,
Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan,
Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak
Republic, Slovenia (Yugoslavia), Spain, Sri Lanka, Suriname, Sweden,
Switzerland, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey,
Ukraine, UK, and Yugoslavia.
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