NONIMMIGRANT TEMPORARY WORKER VISAS

E – E-1 Treaty Trader & E-2 Treaty Investor (Back)

• The E visa is a nonimmigrant visa that is available for a national of a country with which the United States maintains a treaty of commerce and
   navigation who wishes to go to the United States: to carry on substantial trade, including trade in services or technology, principally between the
   United States and the treaty country; or to develop and direct the operations of an enterprise in which the national has invested; or is in the    process  of investing a substantial amount of capital, may qualify for a nonimmigrant Treaty Trader or Treaty Investor visa. Dependents of the
   E visa holder (spouses and unmarried children under age 21) may also obtain E visas. E spouses can apply for work authorization when in the US.

• E-1 Treaty Trader Requirements:

    • The applicant must be a national of a treaty country;
    • The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country;
    • The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;
    • The trade must be principally between the treaty country and the U.S., which is defined to mean that more than 50 percent of the international
       trade involved must be between the U.S. and the country of the applicant's nationality;
    • The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of
       the firm. Ordinary skilled or unskilled workers do not qualify; and
    • The applicant intends to depart the United States when the period of authorized stay, including unlimited extensions, ends.

• E-2 Treaty Investor Requirements:

    • The investor, either a real or corporate person, must be a national of a treaty country;
    • The applicant has invested or is in the process of investing;
    • The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with assets of the
       investment enterprise are not allowed;
    • The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or
       similar security are not considered an investment;
    • The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment
       for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;
    • The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it
       must have a significant economic impact in the United States;
    • The applicant is in a position to "develop and direct" the enterprise;
    • If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity.
       Ordinary skilled and unskilled workers do not qualify; and
    • The applicant intends to depart the United States when the period of authorized stay, including unlimited extensions, ends.