E-1 & E-2 Treaty Trader and Investor Visas
E-1 Treaty Trader Visa
For nationals of treaty countries engaged in substantial trade between the United States and their home country. Over 50% of total trade must be between U.S. and treaty country.
Key Focus: International trade in goods, services, or technology
Duration: Up to 2 years initially, renewable indefinitely
Dependents: E-1 spouse can work, children can attend school
E-2 Treaty Investor Visa
For nationals of treaty countries making substantial investments in U.S. enterprises. Investment must be active, at risk, and generate more than marginal income.
Key Focus: Substantial investment in U.S. business operations
Duration: Up to 2 years initially, renewable indefinitely
Dependents: E-2 spouse can work, children can attend school
Treaty Countries by Region
Major E-1 & E-2 Countries
Most commonly used treaty countries
European Countries
Strong European treaty network
Asian Countries
Mixed E-1/E-2 availability by country
Check Current Treaty Status
Treaty status can change, and some countries may have special requirements. Always verify current treaty status before proceeding with your application.
Current E-1/E-2 Treaty Country List(opens in new tab)E-1 Treaty Trader Requirements
E-1 Eligibility Requirements
- Must be a national of a treaty country with qualifying E-1 treaty
- Substantial trade between U.S. and treaty country (over 50% of total trade)
- Trade must be in goods, services, or technology (not investment)
- Principal applicant must be employed in executive/supervisory capacity or possess essential skills
- Intent to depart U.S. when E-1 status ends
- Investment or trade enterprise must be operational and active
E-2 Treaty Investor Requirements
E-2 Eligibility Requirements
- Must be a national of a treaty country with qualifying E-2 treaty
- Substantial investment in U.S. enterprise (no minimum amount but must be sufficient)
- Investment must be active, not passive (stocks/bonds don't qualify)
- Investment must be at risk and irrevocably committed
- Enterprise must generate more than marginal income for investor and family
- Principal applicant must develop and direct the enterprise
- Intent to depart U.S. when E-2 status ends
E-1 Treaty Trader Application Process
E-1 Visa Application Timeline
Verify Treaty Country Eligibility
Confirm your country has an active E-1 Treaty of Commerce and Navigation with the U.S.
Required Documents:
- •Verify country appears on E-1 treaty country list
- •Confirm treaty is currently in force
- •Check any special requirements for your country
- •Obtain proof of nationality
Document Substantial Trade
Gather evidence showing substantial trade between U.S. and treaty country
Required Documents:
- •Trade volume documentation showing >50% trade with treaty country
- •Invoices, contracts, bills of lading, payment records
- •Business registration and licensing documents
- •Financial statements showing trade activity
File Form DS-160 and Schedule Interview
Complete nonimmigrant visa application and schedule consular interview
Required Documents:
- •Form DS-160 completed online
- •$205 visa application fee
- •Interview appointment confirmation
- •All supporting trade documentation
Attend Consular Interview
Present documentation and answer questions about trade activities
Required Documents:
- •Valid passport
- •All original trade documents
- •Evidence of qualifying position in trading enterprise
- •Proof of intent to return to home country
E-2 Treaty Investor Application Process
E-2 Visa Application Timeline
Verify Treaty Country Eligibility
Confirm your country has an active E-2 Treaty of Commerce and Navigation with the U.S.
Required Documents:
- •Verify country appears on E-2 treaty country list
- •Confirm treaty is currently in force
- •Check minimum investment amounts (if specified)
- •Obtain proof of nationality
Make Substantial Investment
Invest substantial amount in U.S. enterprise and document investment source
Required Documents:
- •Business plan showing investment use and job creation
- •Proof of investment funds source (legal and traceable)
- •Evidence investment is at risk and committed
- •Business registration and licensing
Establish Enterprise Operations
Begin business operations and hire employees if required by business plan
Required Documents:
- •Lease agreements or property purchase
- •Equipment purchases and business setup
- •Employee hiring and payroll records
- •Business licenses and permits obtained
File Visa Application
Submit DS-160 application and schedule consular interview with complete documentation
Required Documents:
- •Form DS-160 completed online
- •$205 visa application fee
- •Complete investment documentation package
- •Financial projections and business viability evidence
E-2 Investment Guidelines by Business Type
Restaurant/Food Service
Typical Investment Range:
$150,000 - $500,000
Key Considerations:
Location costs, equipment, licensing requirements
Retail Store
Typical Investment Range:
$100,000 - $300,000
Key Considerations:
Inventory, location, store setup costs
Manufacturing
Typical Investment Range:
$500,000 - $2,000,000+
Key Considerations:
Equipment, facility, initial production runs
Technology/Software
Typical Investment Range:
$200,000 - $800,000
Key Considerations:
Development costs, office setup, initial marketing
Import/Export
Typical Investment Range:
$250,000 - $750,000
Key Considerations:
Initial inventory, logistics, trade financing
Investment Amount Guidelines
There is no minimum investment amount for E-2 visas, but the investment must be "substantial" relative to the total cost of establishing or purchasing the business. Generally, the lower the cost of the business, the higher percentage of investment required.
Rule of thumb: For businesses under $500,000, expect to invest 75-100%. For businesses over $3 million, 50% may be sufficient if it represents substantial committed capital.
Renewal and Extension Requirements
Requirements for E-1/E-2 Renewal
- Business continues to operate successfully
- Investment remains at risk and committed
- Trade volume maintained at substantial levels (E-1)
- Enterprise continues to generate more than marginal income
- Principal applicant maintains executive/essential role
- No criminal issues or immigration violations
- Intent to return to home country when status ends
Renewal Timeline
- • Initial validity: Up to 2 years (varies by country)
- • Extensions: Up to 2 years each time
- • No limit: Can renew indefinitely if business continues
- • Apply timing: 6 months before expiration recommended
Dependent Benefits
- • E-1/E-2 spouse: Can apply for work authorization (no restrictions)
- • Unmarried children under 21: Can attend school in U.S.
- • Same nationality requirement: Dependents must be same nationality
- • Age out protection: Children can continue if turn 21 while in status
E Visa vs Other Business Immigration Options
E-2 Treaty Investor
Advantages:
- • Indefinite renewals possible
- • Spouse can work unrestricted
- • No annual caps or lotteries
- • Faster than EB-5 investor green card
Limitations:
- • Treaty country nationals only
- • Not a path to permanent residence
- • Must maintain business operations
EB-5 Investor Green Card
Advantages:
- • Direct path to permanent residence
- • Available to all nationalities
- • Family gets green cards
- • Can lead to citizenship
Limitations:
- • Higher investment ($800K-$1.05M)
- • Long processing times
- • Job creation requirements
- • Annual caps and country limits
L-1 Intracompany Transfer
Advantages:
- • Path to EB-1C green card
- • No investment requirement
- • Dual intent allowed
- • Available to all countries
Limitations:
- • Requires qualifying company relationship
- • Maximum 7 years duration
- • One year foreign employment required
- • Limited to executives/managers/specialists