E-2 Investors

E-1 Treaty Trader Overview

The E-1 Treaty Trader Visa is a nonimmigrant visa for foreign traders or certain employees of corporate entities who conduct substantial trade of at least 50% between the U.S. and their country of nationality.

Requirements of E-2 Visa

• Nationality: Applicant must be a national of a treaty country; and the U.S. entity must be owned at least 50% by nationals of the same treaty country as the applicant.  Please check here to see if you are an E-1 eligible country national:
  https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
• Individual Applicant: If the applicant is not the principal investor, he or she must be employed by the U.S. investment business in the capacity of an executive, a manager or an essential worker.
• Investment: The investment in the new U.S. business must involve a “substantial” amount of capital in a real operating commercial business that will provide a significant economic benefit to the U.S. economy.  While there is no regulatory minimum investment amount, the amount must be proportional to the total, legitimate cost sufficient to start or purchase the business.
• The investor or business owner must also provide proof of legitimate source of funds that are being used for the U.S. investment.  Most importantly, the investment funds must be at risk in the commercial sense – meaning it has already been spent or irrevocably committed to the business.
• Business must be real and operating: The principal investor must come to the U.S. solely for the purpose of developing and directing the new investment business into a profitable enterprise. The investment must not be marginal (not solely for earning a living for the investor and his/her family).