E-1 and E-2 Treaty Investor and Trader Visa

The E category is especially useful for business owners, managers, and employees who need to remain in the United States for extended periods of time in order to oversee or work in an enterprise engaged in trade between the United States and a foreign state or that represents a major investment in the United States.

The E nonimmigrant category is available, however, only if a treaty of commerce and navigation or a bilateral investment treaty providing for nonimmigrant entries is in existence between the United States and the foreign state (except in the case of Sweden and Australia, which are covered even without a treaty).

Purposes and uses of the E 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.

These treaties provide some special benefits not available to other, similar nonimmigrant categories

Duration of Stay

Although an initial period of stay of two years is granted to persons coming to the United States in the E category, this period can be extended almost indefinitely - as long as the alien affirms that he or she will leave the United States when the period of authorized stay, including unlimited extensions, ends.

Application Process

It is possible to make the application for this status exclusively through a U.S. consulate abroad. A preliminary petition on Form I-129 does not need to be approved by the INS.

Special Conditions

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

General Rules applicable to the E Category

• A treaty must exist between the United States and Country X.
• Majority ownership or control of the investing or trading company must be held by nationals of Country X.
• Country X citizenship must be held by each employee or principal of the company who seeks E status under the treaty.

E-1 and E-2 status are in effect with the following countries:

Treaties conferring only E-1 treaty-trader status exist with the following countries:

Treaties conferring only E-2 treaty-trader status exist with the following countries: