E Visas

Treaty-Trader
Treaty-Investor

        An E visa is available to any party who is a national of a country which has a treaty of trade and commerce with the United States.  Please note not all countries have such treaties.

        The E/2 visa is a treaty investor and such party can obtain an E/2 visa for a number of years but needs to invest a substantial sum of money in a business in the U.S.A. and needs to prove that he/she is not dependent upon the income from such business to live.

        The E/1 visa is a treaty trader and such party can obtain an E/1 visa for a number of years but needs to show that at least 51% of the treaty traders business is trade between the USA and the treaty traders home country. 

        To obtain either an E-1 or E-2 visa the party requesting such visa must show that at least 51% of the business entity in the U.S.A. is owned by foreign nationals of that same country.

       Certain employees of the E-2 and E-1's business in the U.S.A. may also under certain circumstances qualify for an E-1 or an E-2  visa.

       As regards the issue of "substantial investment " mentioned above by the E-2 visa holder this amount will depend on a number of factors including, but not limited to, the nature of the business . There is also the issue of marginality regarding the E-2 investor. This in essence relates to the fact that the income from the business should not be the sole source of the investor's income. The E-2 investor should be able to clearly demonstrate not only the profitability or potential profitability but that the E-2 investor has other sources of income to take care of his and his families daily needs.

      The E-2 visa can be approved at either the Immigration Service in the U.S.A. or at the U.S.A. Consulate in the investor's country of nationality.

      It is to be noted that both the E-2  and E-1 visas are Non-Immigrant working visas and of themselves do not directly lead to any method of permanent residence in the U.S.A. However E-1 and E-2 visa holders are not precluded from making any application for permanent residence under available procedures.

      The family of the E-1 and E-2 visa holder can accompany the E-1 or E-2 beneficiary and can therefore live and study in the U.S.A. but may not be gainfully employed by a U.S.A. based employer. The spouse and unmarried children under 21 years of age may stay in the U.S.A. for as long as the E-1 or E-2 visa holder's visa is valid including any extensions thereof.

      The family of the E-1 or E-2 holder mentioned in the above paragraph may obtain work permission from the U.S.A. immigration Service through their own qualifications , such as possessing the criteria to apply for an H-1B non-immigrant working via.

      The E-1 visa is known as the Treaty Trader non-immigrant visa. To qualify for E-1 status the applicant must show his investment in a business in the U.S.A. of which at least 51% is owned by nationals of the same country as the E-1 visa holder and which business does at least 51% of its trade/business with the country of nationality of the E-1 visa holder.

      Accordingly an E-1 visa holder is involved in a business in the U.S.A. which trades with the E-1 visa holder's home country in either tangibles or intangibles.

      An E-1 visa is usually only applied for once trade has commenced and is established between the U.S.A. business and the E-1 visa holder's country of nationality and such trade be reasonably substantial in nature.

      As  regards the interpretation of "substantial trade " the number of transactions is a significant fact although a lesser amount of transactions with fairly large money amounts is also a pertinent and relevant issue.

     Please contact us should you wish to discuss the visas mentioned in greater detail and with particular reference to your circumstances.

     A telephone consultation and payment can be arranged as detailed in our web site.