Treaty Trader, Treaty Investor Visa
Category E visas are for investors or traders that carry out commercial business between the United States and their home country, or that develop and direct the activities of a company in which they have invested substantial capital, provided that both countries have signed a commerce and navigation treaty.
- Treaty Trader Visa (E-1)
- Treaty Investor Visa (E-2)
U.S. Immigration law and regulations permit holders of E visas to reside in the United States to manage the trade or investments of a U.S. business (“Enterprise”}or, in certain cases, to provide essential skills in the business. Holders of E visas must intent to depart the U.S. upon termination of their E status.
Treaty visas are authorized on the basis of treaties of commerce and navigation between the U.S. and certain other countries. Please note that the Enterprise must be majority-owned, as well as developed and directed by nationals of the Treaty Country, and individual employees must have the same nationality as the Enterprise to qualify.
The spouse and unmarried children (under 21 years of age of treaty traders, treaty investors, or employees of Enterprises may also have the same nationality as the principal applicant to obtain an E visa.
E visas permit the investor/trader and his/her family to live in the U.S. during the validity period of the visa. These visas are not immigration visas; consequently, you are allowed to live in the U.S. so long as the conditions under which the visa was granted remain valid. Dependents are not authorized to work in the U.S. unless they receive explicit authorization to do so from BCIS (formerly INS) in the U.S. This authorization must be applied for after your arrival in the U.S. Please ask the Immigration Officer at the Port of Entry for details.
Before deciding to apply for an E visa, we suggest you review the step-by-step guide describing our E visa application procedures. You may decide that an E visa will not be of benefit to you or that you need professional legal advice before proceeding further. Also attached is the Non-immigrant Visa Application.
Family Members
Members of your family will also need E visas. Spouses and all unmarried children under age 21 are eligible for derivative E visas. A separate DS-156 application form must be completed and separate photo provided for each eligible family member. Include proof of the family member’s relationship to you, such as a copy of your marriage certificate and/or a copy of your child’s birth certificate.
Spouses of E visa holders are eligible for employment in the U.S. They must apply for work authorization with (BCIS (formerly INS) after entering the U.S. on an E visa.