An E1 visa allows individuals or employees of companies to enter the United States for the purpose of carrying out international trade. “Trade” may apply to the trade of goods, services, and banking. There is no set limit to the amount of trade that must take place, although the greater emphasis is placed on the number of transactions over total value.
An E1 visa may also cover immediate family (legal spouse and unmarried children under 21). The spouse of the visa holder is permitted to work, but children are not.
What Are The Requirements For An E1 Visa?
At least 50% of the volume of trade carried out must be between the United States and the designated treaty country.
The visa holder must show they intend to engage in “substantial trade”, which is not strictly defined.
The visa holder must be a national of one of the treaty countries – listed below (this requirement does not apply to family members).
The trade can be in the form of physical movement of goods, transportation, or non-physical services, including banking and insurance, tourism, technology, or journalism.
As with other US Visa terms, the applicant should be prepared to provide evidence that they intend to return to their home country at the end of the visa period
What is an E2 Visa?
The E2 “Treaty Investor” Visa is part of the family of U.S. visas that are available to citizens or nationals of one of 30+ countries that have trade treaties with the United States.
It enables individuals who have significant funds to invest to come into the U.S. for the purposes of setting up a business, practice, or office.
Although it does not provide residency (not a Green Card), one of the great advantages of the E2 visa is that it can be extended indefinitely, for as long as the business concerned is viable.
What Are The Requirements For An E2 Visa?
The individual investor must demonstrate that their sole purpose for entering the U.S. is to run or develop the enterprise concerned. This is normally shown by their having either a minimum 50% stake in the business, or a significant managerial or leadership position that gives them operational control.
To qualify as “investment”, it is necessary to show that there is a risk of loss of capital, and also that the funds have not been generated through illegal means, even indirectly. (For that reason, you cannot simply invest in real estate.)
The investment can either be put into a new company or into an existing company, however, the investment cannot be used to create a job solely for the individual investor.
Any investment must not be viewed as marginal, meaning that it must have a good chance of generating sufficient income to provide for the visa holder and any family within five years of their entering the U.S.. In addition, the business must have its own dedicated premises, so cannot be run from the investor’s home.
Difference Between E1 and E2 Visas
Many individuals seeking to enter the United States are well aware of the restrictions that the U.S. government has placed on those who seek employment within the country. Internal American politics dictate that domestic job seekers have first priority over others who are entering the U.S. for work purposes.
As such, the United States typically limits entry for business purposes to those who meet specific requirements. Occupations in high-demand or highly-skilled fields often qualify for special visas that allow entry, such as the TN visa.
Another type of visa category that the U.S. encourages is the E1 and E2 treaty visa, which welcomes those who perform a great deal of trade or investment in the United States. This shows the states that you create value for the American economy through job creation and business growth within their borders.
E1 Countries Vs. E2 Countries
The United States lists different countries that have treaties set up between them, allowing for business to flow between borders.
E1 visas, also known as Nonimmigrant Treaty Traders, list fewer eligible countries than E2 visas, which are for nonimmigrant treaty investors. The following countries are approved for those who seek E1 status:
Argentina, China, France, Italy, Netherlands, Sweden, Australia, Colombia, Germany, Japan, Norway, Switzerland, Austria, Costa Rica, Greece, Korea, Oman, Thailand, Belgium, Denmark, Honduras, Latvia, Pakistan, Togo, Bolivia, Estonia, Iran, Liberia, Philippines, Turkey, Brunei, Ethiopia, Ireland, Luxembourg, Spain, U.K., Canada, Finland, Israel, Mexico, Suriname, Yugoslavia.
E1 / E2 Visas Treaty Trader (E-1) or Treaty Investor (E-2) visa applicants must establish that the trading enterprise or investment enterprise meets the requirements of the law ...Argentina, Bahrain, China, Georgia, Kyrgyzstan, Pakistan, Switzerland, Armenia, Colombia, Germany, Latvia, Panama, Thailand, Australia, Congo, Grenada, Liberia, Philippines, Togo, Austria, Costa Rica, Honduras, Luxembourg, Poland, Trinidad and Tobago, Bangladesh, Czech Republic, Iran, Mexico, Romania, Tunisia, Belarus, Ecuador, Ireland, Morocco, Senegal, Turkey, Belgium, Egypt, Italy, Moldova, Slovakia, Ukraine, Bosnia-Herzegovina, Estonia, Jamaica, Mongolia, Spain, United Kingdom, Bulgaria, Ethiopia, Japan, Netherlands, Sri Lanka, Uzbekistan, Cameroon, Finland, Kazakhstan, Norway, Suriname, Yugoslavia, Canada, France, Korea, Oman, Sweden.
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