Frequently Asked Questions

A treaty country is a foreign state with which the United States has a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent.

The authorities of the foreign state of which the alien is a national determine the nationality of an individual treaty trader. In the case of an enterprise or organization, ownership must be traced as best as practicable to the individuals who are ultimately its owners.

E-1 treaty trader status is designed for qualifying individuals who are citizens or nationals of countries with a qualifying commerce and navigation treaty with the U.S., and who will only engage in substantial trade in goods, services and technology principally between the U.S. and that foreign country.

Immigration regulations define trade as the existing international exchange of items of trade for consideration between the United States and the treaty country.

Substantial trade is an amount of trade sufficient to ensure a continuous flow of international trade items between United States and the treaty country. Essentially, trade is considered substantial when there are numerous transactions over a period of time and the income derived is sufficient enough to support the treaty trader.

Note: A one-time transaction, regardless of its value, does not constitute substantial trade between that particular country and United States.

Items of trade include but are not limited to goods, services, international banking, insurance, monies, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and some news gathering activities.

Principal trade between the United States and the treaty country exists when over 50 percent (%) of the volume of international trade of the treaty trader is conducted between the United States and the treaty country of the treaty trader's nationality.

Special qualifications are those skills and/or aptitudes that an employee in a lesser capacity brings to a position or role that are “essential” to the successful or efficient operation of the treaty enterprise.

Labor certification is not necessary nor a requirement for the E-1 classification.

No. A United States employer cannot petition for E-1 status for an employee since this visa classification is specifically set aside for foreign nationals, including foreign employers, with a Treaty of Friendship, Commerce, Navigation or some similar type of agreement between the United States and a foreign nation.

An employer can get E-1 status for an employee only if the employee meets all of the requirements to get E-1 status.

No. The E-1 employer or the employer abroad must always file the Form I-129 on behalf of an E-1 employee.

To obtain an E-1 Treaty Trader status, the following are eligibility requirements:

1. A treaty, with treaty trader provisions, exists between United States and the foreign state;
2. The individual and/or business possess the nationality of the treaty country;
3. Business activities constitute trade between USA and the treaty country;
4. Such trade is substantial and international in nature;
5. Trade is principally between United States and the treaty country; and
6. The individual intends to depart the United States when the E-1 status terminates.

To obtain E-1 employee status, the following are eligibility requirements:

• The employee must be a national of the treaty country;
• The employee’s employer must either be in valid E-1 status, or if outside of the U.S., the employer is classifiable under E-1 status;
• The employee is coming to the United States to fill an executive or supervisory position, or has special qualifications essential to the firm’s operations in the United States; and
• The beneficiary intends to depart the United States when the E-1 status expires.

The individual should be directed to the U.S. consulate nearest to the individual’s place of residence or to the Department of State’s website at www.state.gov

An E-1 employee cannot change employers and remain in E-1 status. However, another employer may sponsor the employee for E-1 status. USCIS must approve any substantive changes in the terms or conditions of E status prior to the change of employment.

An E-1 nonimmigrant is usually granted an initial period of admission of two (2) years.

E-1 Treaty Traders do not have a maximum period of stay restriction. However, E-1 Treaty Trader employees involved in start-up activities only receive two (2) years since it is presumed that they will conclude their activities in a two-year period.

A treaty country is a foreign state with which a qualifying Treaty of Friendship, Commerce, or Navigation or its equivalent exists with the United States.

For a list of Treaty Investor countries, please visit the U.S. Department of State's website at:

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

E-2 status is designed for qualifying individuals who are citizens or nationals of countries with a qualifying Commerce and Navigation treaty with the U.S., and who will solely develop and direct the operations of an enterprise in which he/she has invested or is actively in the process of investing substantial capital.

USCIS defines investment as the treaty investor's placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit.

Note: The funds used by the investor must be the investor's own unsecured personal funds not a loan or some other secured financial instrument.

A bona fide enterprise means that the enterprise must be a real, active, and operating commercial or entrepreneurial undertaking that actually produces services or goods for profit.

A substantial amount of capital is considered an amount, which meets the following three criteria:

1. That is substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise being considered;
2. Sufficient to ensure the treaty investor's financial commitment to the enterprise's success; and
3. Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.

Solely to develop and direct mean that the treaty investor can demonstrate that he or she develops and directs the investment enterprise by:

1. Showing control via ownership of at least 50% of the enterprise; or
2. Showing operational control through a managerial position or other corporate device, or by other means.

A marginal enterprise is an enterprise that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. In other words, a marginal enterprise is only sufficient enough to provide a minimal living and nothing more for the treaty investor.

No. A United States employer cannot petition for E-2 status for an employee since this visa classification is specifically set aside for foreign nationals, including foreign employers, with a Treaty of Friendship, Commerce, Navigation or some similar type of agreement between United States and a foreign nation.

An employer can get E-2 status for an employee if the employee and employer meet all of the requirements set forth for E-2 status.

In order to obtain an E-2 Treaty Investor status, one must meet the following eligibility requirements:

1. A treaty, with treaty investor provisions, exists between United States and the foreign state of which the petitioner is a citizen;
2. The individual and/or business possess the nationality of the treaty country;
3. Has invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States;
4. Is seeking entry solely to develop and direct the enterprise; and
5. Intends to depart the United States upon the expiration or termination of treaty investor (E-2) status.

Note: A substantial amount of capital is distinct from that of a relatively small amount of capital in a marginal enterprise that is solely for the purpose of earning a living.

In order to obtain an E-2 employee status, one must meet the following eligibility requirements:

1. The employee must be a national of the treaty country;
2. The employee's employer must either be in valid E-2 status, or if outside of the U.S., the employer is classifiable under E-2 status;
3. The employee is coming to the United States to fill an executive or supervisory position; or has special qualifications essential to the firm's operations in the United States; and
4. The beneficiary intends to depart the United States when the E-2 status terminates and/or expires.

The individual should be directed to the U.S. consulate nearest the individual's place of residence or to the Department of State's website at http://www.state.gov/. Please note that each Embassy/Consulate has its own country specific requirements and application rules.

No. Separate petitions must be filed for employer and employees. The filing and approval of the employer's Form I-129 must precede the employee's filing of the Form I-129.

An E-2 employee cannot change employers and remain in E-2 status. However, another employer may sponsor the employee for E-2 status. USCIS must approve any substantive changes in the terms or conditions of E-2 status prior to the change of employment.

No. An E-2 employee can only work for the employer that filed the petition or one of the employer's affiliates, subsidiaries, or branches.

An E-2 nonimmigrant is usually granted an initial period of admission of two (2) years.

E-2 Treaty Investors do not have a maximum period of stay.

Note: E-2 Treaty Investors involved in start-up activities only receive two (2) years since it is presumed that they will conclude their activities in a two (2) year period.

An extension of stay for an E-2 may be authorized in increments of up to two (2) years. Each extension must be applied for with all supporting documents.