Traders and Investors Visa–E1/E2

An E1/E2 Visa is for Traders and Investors from certain countries having a treaty with U.S., and by the treaty, the foreign national is allowed to do trade or investment in U.S.

Initial stay and extensions almost always 2 years, regardless of date of visa expiration. Substantial investment and trade is required.

An alien who has exhausted his total period of stay in H or L status may change to E status without having to live abroad for any period, especially as an investor, executive, or supervisor.

Preliminary Considerations

-  The applicant is a national of a country with whom the U.S. has the requisite treaty or     agreement;
-  The activity constitutes trade as defined at 214.2(e) (9) -  The trade is of a substantial nature,     i.e. an amount of trade sufficient to ensure a continuous flow of trade items between the U.S.     and the treaty country
-  The trade conducted by the alien is principally trade between the United States and the treaty     country of which the alien is a national. Trade is deemed to be principally between the U.S. and     treaty country when over 50% of the volume of international trade conducted by the alien treaty     trader is between the U.S. and treaty country of which the alien is a national’
-   If the applicant is not the principal trader, that the alien is employed in a supervisory or     executive capacity, or possesses special qualifications that make the alien services essential     to the successful and efficient operation of the enterprise.
-  The applicant intends to depart the U.S. upon the expiration of E-1 status. (However, an     application for initial admission, change of status, or extension of stay in E classification may     not be denied solely on the basis of an approved request for permanent labor certification or a     filed or approved immigrant visa preference petition.)
-  The employee has the same nationality as the principal alien employer.
-  The alien employer is an enterprise or organization at least 50% owned by persons having the     nationality of the treaty country.