Treaty Traders are citizens of countries with which the USA maintains treaties of commerce and navigations. E-1 Treaty Traders Visa is a nonimmigrant visa that allows a foreign nation of a country with which the USA maintains a treaty of commerce and navigation to be admitted to the USA solely to engage in international trade on his or her own behalf. This visa allows qualified treaty traders and employees to stay in the USA for a maximum of two years.

Eligibility

In order to become eligible for E-1 classification, the treaty traders must meet the following requirements:

• The applicants must be a citizen of the country with which the USA maintains a treaty of commerce and navigation
• The applicant must carry on substantial trade
• The applicant must carry on principal trade between the USA and treaty country which qualified the treaty trader E-1 classification

Trade is an international exchange of items of trade for consideration between the USA and the treaty country. Items of trade include but are not limited to:

• Goods
• Services
• International banking
• Insurance
• Transportation
• Tourism
• Technology and its transfer
• Some news-gathering activities.

Substantial trade implies the continuous flow of international trade items, involving numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction.

Principal trade exists between the USA and the treaty country. The principal trade exists when over 50 % of the total volume of international trade is between the USA and the trader’s treaty country.

Qualification of the employee of a treaty trader

In order to become eligible for the E-1 classification, the employee of a treaty trader must meet the following requirements:

• The employee must be of the same nationality as of the principal alien employer
• The employee must fulfil the requirements of an employee under the relevant law
• The employee must either be engaged in duties of an executive or supervisory character or if employed in a lesser capacity, have special qualifications

E-2 Treaty investors Visa 

Treaty investors are citizens of countries with which the USA maintains treaties of commerce and navigations. The E-2 Treaty Traders Visa is a nonimmigrant visa that allows a foreign nation of a country with which the USA maintains a treaty of commerce and navigation to be admitted to the USA when investing a substantial amount of capital in a business in the USA. This visa allows qualified treaty traders and employees to stay in the USA for a maximum of two years.

Eligibility

In order to become eligible for E-2 classification, the treaty investors must meet the following requirements:

• The applicants must be a citizen of the country with which the USA maintains a treaty of commerce and navigation
• The applicants must have invested, or be active in the process of investing, a substantial amount of capital in a bona fide enterprise in the USA
• The applicants must be seeking to enter the USA to develop or direct the investment enterprise. For this, the applicants will need to show that at least 50% of the ownership of the enterprise or possession of operational control through a managerial position or another corporate device.

Bona fide enterprise means a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit.  It must meet applicable legal requirements for doing business within its jurisdiction.

Qualification of the employee of a treaty trader

In order to become eligible for the E-2 classification, the employee of a treaty trader must meet the following requirements:

• The employee must be of the same nationality as of the principal alien employer
• The employee must fulfill the requirements of an employee under the relevant law
• The employee must either be engaged in duties of an executive or supervisory character or if employed in a lesser capacity, have special qualifications

Terms and conditions for E-2 status

A treaty investor or employee may only work in the activity for which they were approved at the time the classification granted. An E-2 employee may also work for the treaty organization’s parents company or one of its subsidiaries as long as the:

• The Relationship between the organizations is established
• Subsidiary employment requires executive, supervisory, or essential skills
• Terms and conditions of employment have not otherwise changed.

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