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The E-1 treaty trader visa and the E-2 investor visa are appealing options for foreign business persons, investors, managers, and employees who wish to stay in the United States for extended periods of time to oversee: 1) an enterprise that is engaged in trade between the United States and a foreign country; or 2) a major investment in the United States.
The E visa isn’t for just anyone who has a trade or investment. This visa class is exclusively for what the USCIS terms “treaty traders and investors”. This means that all applicants must be nationals of a country that holds a treaty of trade and commerce with the United States.
If you’re wondering if your country is a treaty country, you can look for it on the comprehensive list provided by the Department of State.
The regulations state that you must be a national of one of these countries, but you do not necessarily need to be currently living there. If you are unsure whether or not you qualify under this requirement, speak with your E-1 or E-2 visa attorney.
Foreign trader/investor applicants must meet specific requirements to qualify for a treaty trader (E-1) visa under immigration law. The consular officer will determine whether a treaty trader applicant qualifies for a visa.
Treaty investor applicants must meet specific requirements to qualify for a treaty investor (E-2) visa under immigration law. The consular officer will determine whether a treaty investor applicant qualifies for a visa.
Applying and Required Documentation
Applications for E-1 and E-2 visas are generally submitted at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.
Each applicant for a treaty trader (E-1) visa must submit these forms and documentation, as explained below:
Each applicant for a treaty investor (E-2) visa must submit these forms and documentation, as explained below:
Additional documentation
An applicant for a Treaty Trader (E-1) or Treaty Investor (E-2) visa must first establish that the trading enterprise or investment enterprise meets the requirements of the law, and complies with the many requirements for the E visa classification. The consular officer may provide the applicant with special forms for this purpose.
The applicant can expect the consular officer to request additional documentation, to make a determination about eligibility for a treaty trader or treaty investor visa. It is impossible to specify the exact documentation required since circumstances vary greatly from one applicant to the other.
Family Members and Employees
Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal visa holder. The spouse of an E visa holder may apply to DHS for employment authorization. Dependent children of an E visa holder are not authorized to work in the U.S.
The E visa regulations also allow employees to accompany you under the same visa provided that they meet the definition of an employee according to the state they will be living in during their stay. Depending on your situation, there may be other requirements surrounding your employee’s entry. Work with your investor visa attorney to make sure that your employee is eligible.
The total cost and fees if your investor visa depends on whether you are currently inside the U.S. or outside. For those who are already working in the U.S. under a different visa status, you can simply file an I-129 and have your status adjusted as soon as your petition is approved.
However, if you are currently outside the U.S., you will need to go through consular processing. This involves making an appointment with the U.S. consulate or embassy in your home country to schedule an interview with a consular officer. This will also require you to complete a DS-160 online nonimmigrant visa application.
You can also choose to have your petition expedited through premium processing, which will cost an additional fee.
Here is the breakdown of the fees:
An E-2 visa applicant will need to consider these costs on top of the appropriate investment amount. Speak with your E-2 visa attorney to learn how much the investor visa will cost in its entirety.
Fortunately, the investor visas have relatively short processing times. Your I-129 petition should take about six months to process, though this depends heavily on the caseload of the USCIS service center that processes your petition.
As stated above, you can expedite this six-month processing time by opting for the premium processing service. This optional feature shortens your visa processing time to 15 calendar days. If the USCIS fails to meet this deadline, you will be refunded your premium processing fee.
If you are going through consular processing, then your processing time will depend on how busy your home country’s U.S. consulate or embassy is. You will need to make an appointment for your interview and then wait until that date, which can be anywhere from a few weeks to a few months.
Once your E visa has been granted, you will be able to stay in the U.S. for an initial period of two years. While this may seem short compared to other nonimmigrant visas, the E visa allows you to apply for an unlimited number of extensions. The USCIS website even states that E-2 visa holders that travel abroad are typically given an automatic two-year extension when they return. If this is the case, you would not need to file a new I-129 petition.
The Immigration Attorneys at the VisaNation Law Group will prepare and file the necessary applications and supporting documentation on your behalf. If you would like to get in touch with one of their investor visa attorneys, you can fill out the contact form.
