E Visas

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E visas (Treaty Traders and Treaty Investors)

A foreign national who is a citizen of a country that has a Bilateral Investment Treaty or Treaty of Friendship, Commerce or Navigation with the United States can be admitted to the United States to invest in a business or to engage in international trade under two categories of visas based on treaties: E-1 (Treaty Traders) and E-2 (Treaty Investors).

The E-1 (Treaty Trader) visa category permits foreign nationals to enter the United States to engage in substantial trade in goods, services, or technology with treaty countries. The United States enterprise for which the foreign national works must be majority-owned by treaty country nationals. The majority owners can be companies or individuals. The nationality of an enterprise is determined by the nationality of the entity owning at least 50% of the enterprise. An E-1 treaty trader must be an executive or manager or hold a job that requires skills essential to the employer.

The E-2 Treaty Investor category allows investors who are nationals of treaty countries and who invest substantial sums of money in an active business in the United States to remain in the United States to develop, direct and oversee the business. The E-2 visa is available to a foreign national who invests in services, technology, or tangible goods. Managers, executives, and essentially skilled employees from treaty countries are also admissible on E-2 visas.

Spouses and unmarried children under 21 years of age, regardless of their nationality, may receive derivative E visas to accompany the principal holder of an E visa. A spouse of an E visa holder can apply for an Employment Authorization Document after entry to the United States. Dependents of E visa holders, other than spouses, are not eligible for employment authorization based on their derivative E status

TREATY COUNTRIES

The countries listed below have agreements with the United States authorizing either (E-1) treaty trader status, (E-2) treaty investor status, or both, with the United States.

Country Specific Footnotes

1. China (Taiwan) - Pursuant to Section 6 of the Taiwan Relations Act, (TRA) Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement which was concluded with the Taiwan authorities prior to January 01, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.
2. Czech Republic and Slovak Republic - The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.
3. Denmark - The Treaty which entered into force on July 30, 1961, does not apply to Greenland.
4. France - The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.
5. Japan - The Treaty which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.
6. Netherlands - The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.
7. Norway - The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).
8. Spain - The Treaty which entered into force on April 14, 1903, is applicable to all territories.
9. Suriname - The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.
10. United Kingdom - The Convention which entered into force on July 03, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to "inhabitants" of such territory. This term, as used in the Convention, means "one who resides actually and permanently in a given place, and has his domicile there." Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.
11. Yugoslavia - The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo a continue to be bound by the treaty in force with the SFRY and the time of dissolution.
12. The E-3 visa is for nationals of the Commonwealth of Australia who wish to enter the United States to perform services in a "specialty occupation." The term "specialty occupation" means an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The definition is the same as the Immigration and Nationality Act definition of an H-1B specialty occupation.
13. Bolivia - Bolivian nationals with qualifying investments in place in the United States by June 10, 2012 continue to be entitled to E-2 classification until June 10, 2022. The only nationals of Bolivia (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to June 10, 2012.
14. Ecuadorian nationals with qualifying investments in place in the United States by May 18, 2018 continue to be entitled to E-2 classification until May 18, 2028. The only nationals of Ecuador (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to May 18, 2018.
15. Israel: Pursuant to a treaty of friendship, commerce, and navigation between the United States and Israel that entered into force on April 3, 1954 entitled nationals of Israel to E-1 status for treaty trader purposes. Nationals of Israel are not entitled to E-2 classification for treaty investor purposes under that treaty. Public Law 112-130 (June 8, 2012), accords nationals of Israel E-2 status for treaty investor purposes if the Government of Israel provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that Israel offers reciprocal treaty investor treatment to U.S. nationals and E-2 visa may be issued to nationals of Israel beginning on May 1, 2019.
16. New Zealand: Public Law 115-226, enacted on August 1, 2018, accorded nationals of New Zealand to E-1 and E-2 status for treaty trader/treaty investor purposes if the Government of New Zealand provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that New Zealand offers similar nonimmigrant status to U.S. nationals and E visas may be issued to nationals of New Zealand beginning on June 10, 2019.

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