E VISA CATEGORY

The E visa category was established to give effect to those treaties between the United States and foreign countries that provide for reciprocal benefits to nationals of each country who invest in the other country or who conduct trade between the two countries.

The E visa can be used by companies owned by a single investor as well as by large multinational companies. It is also available to key foreign personnel of companies that are Treaty Foreign National (TFN) owned within the requirements listed below. TFNs are from the following countries:

Countries with Treaties for E-1 Visas

Argentina, Aruba, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Canada, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Gibraltar, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Netherlands Antilles, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia Montenegra, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Yugoslavia, Wallis & Futura Islands, Western Sahara.

Countries with Treaties for E-2 Visas

Albania, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Democratic Rep. of the), Congo (Rep.), (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Gibraltar, Grenada, Haiti, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldavia, Mongolia, Morocco, Mozambique, Netherlands, Netherlands Antilles, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Russian Fed., Senegal, Serbia Montenegro, Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Uzbekistan, Yugoslavia, Wallis & Futura Islands, Western Sahara.

The E-1 Visa Category

To qualify for an E-1 trader visa, a foreign business person must be seeking entry into the United States to carry on "substantial trade in goods or services in a capacity that is supervisory or executive or involves essential skills." E-1 visas were previously restricted to a trade of goods and specific services, including banking, finance, and the airline industry. This limited definition of services has been greatly expanded under NAFTA so that trade can be in goods or services without specification or restriction:

The term "trade" means the exchange, purchase, or sale of goods and/or services. Goods are tangible commodities or merchandise having intrinsic value. Services are economic activities whose outputs are other than tangible goods. Such service activities include but are not limited to banking, insurance, transportation, communications and date processing, advertising, accounting, design and engineering, management consulting, tourism, and technology transfer.

As a Treaty Foreign National  (TFN), you may be issued a treaty trader (E-1) nonimmigrant visa if all of the following requirements are met:

(a) You or your firm is a TFN (at least 50% of the company stock is owned by TFNs)

(b) You enter the United States to carry on substantial trade (more than 50%) between your U.S. business and a TFN country; it does not matter if your TFN company is engaged primarily in trade with countries other than the United States

(c) The trade is already in existence at the time you apply for E-1 status

(d) You engage in executive or managerial duties or possess special skills that make your services essential to the employer's operations

(e) You confirm you will leave the United States upon termination of this status.

The E-2 Visa Category

To qualify for an E-2 investor visa, the applicant must "develop and direct operations of an enterprise in which he or she has invested or is actively in the process of investing a substantial amount of capital." As a foreign citizen, you may be issued an E-2 nonimmigrant visa if all of the following requirements are met:

(a) You or the firm are TFNs (at least 50% of the company stock is owned by TFNs)

(b) You or the firm for which you work will invest or have invested substantial capital (generally in excess of $100,000) which is at risk, meaning subject to potential loss if the business does not succeed, in a bona fide enterprise in the United States. The term "substantial" means:

(i) The investment must be significantly proportional to the total investment (usually more than half of the value of the business), or

(ii) An amount normally considered necessary to establish a new business.

Except for Mexico, E-1 visas are generally issued for a five-year period (Mexico is only six months). E-1 Visa status is granted in increments of one year when entering from outside the U.S. If renewal is granted inside the U.S. then two years may be granted. The visa may be maintained as long as the beneficiary remains affiliated with the business in the same manner as when the petition was granted. The visa holder may renew their visas by showing the ongoing relationship. 

An E-1 visa may be extended through leaving and reentering the U.S., or submission of an extension petition to the INS if inside the U.S. Petitioner must submit sufficient evidence to satisfy INS that the company remains viable, and that Petitioner has maintained his status accordingly. E-1 Visa status is granted in increments of one year when entering from outside the U.S. If renewal is granted inside the U.S. the two years may be granted.

Status of Spouse and Minor Children

A spouse and unmarried minor children are eligible for E visas and can also enter under this category.

President Bush, on January 16, 2002, signed into law two bills (H.R. 2277 and H.R. 2278) allowing spouses of intra-company transferees, treaty traders, and treaty investors to work in the U.S.

H.R. 2277 (PL 107-124) provides work authorization to the spouses of E visa holders. H.R. 2278 (PL 107-125) provides work authorization to the spouses of L visa holders and reduces the required period of prior continuous employment for certain intra-company transferees. Specifically, H.R. 2278 amends INA section 214(c)(2)(A) to provide that in the case of an alien seeking admission under section 101(a)(15)(L), the required one-year period of continuous employment is reduced to six months if the importing employer has filed a blanket petition and met the requirements for expedited processing of aliens covered under such petition.

Servants of the E visa holder can be issued B-1 visas with work authorization.

Special Conditions

E-category aliens do not need to maintain a foreign residence during their U.S. stays, long as they affirm their intention to leave the United States when their period of stay (plus any authorized extensions) expires.

Keep in mind these points when considering use of the E visa category:

• The E visa category can be used for purposes of conducting trade between the United States and the country of majority ownership of the company (E-1), or overseeing investment in the United States (E-2).
• The E visa category can be used by many different types of companies, from one owned by a single investor to a large multinational corporation.
• The E visa category can be used by the company's principals or by its employees, as long as they are performing functions approved by the applicable rules, discussed below.