Overview for E visa Entrepreneurs and E visa Employers E visas, or treaty visas, allow foreign born individuals and business entities to come to the United States for the purpose of establishing a U.S.-based business to either carry out international trade or to invest in and run a viable business. The individual or business entity must be a national of a country that has entered into a trader or investor treaty with the United States or ultimately owned by individuals from a treaty country. Qualifying individuals and entities do not have to maintain ties to their home country (except for the U.K.), may engage in self-employment, and may hire nationals from the treaty country for executive/managerial or essential skills worker positions. The E category contains two subcategories, one for trade visas (E-1) and the other for investor visas (E-2). The foreign born individual or business entity wishing to explore the E visa should first determine which treaty his/her country has with the U.S. in order to know which visa type should be pursued. In the case of countries with treaties allowing for both types of E visas, the decision as to which visa to apply for becomes a business decision. If you, or your business, trade goods or services with the United States, then the E-1 visa might be the right choice for you. The E-1 treaty trader visa provides an option for a business to carry on significant trade between his or her country and the United States. The visa holder based on business ownership must be a citizen of a country that has concluded an applicable trader treaty with the United States and own at least 50% of a business which conducts a substantial flow of trade (goods or services) between the United States and the visa holder's home country. Qualifying employees from the applicable treaty country can obtain E-1 visas if working for the E-1 business in the U.S. in executive/managerial or essential skills worker positions. If you, or your business, wish to invest in the establishment of a business in the United States then the E-2 visa might be the right choice for you. The E-2 treaty investor visa allows individuals or owners of business entities who qualify as "treaty investors" to travel to the United States. The visa holder must be a citizen of a country that has concluded an applicable investor treaty with the United States, own at least 50% of a business in which a significant amount of capital has been invested or is in the process of being invested, and reside in the United States for the purposes of developing and directing the operations of this business. Note that executive/managerial/essential skills worker employees of E companies who share the same nationality as the owners may also qualify for E-2 status. Duration of Stay The E visa is typically given for 2 years at first, depending on the specific treaty in existence between the foreign national's home country and the U.S., and assuming business success, thereafter for 5 years at a time. However, the visa status can usually be renewed indefinitely provided the conditions for granting E status are met. Spouses and Dependants Spouses and dependant children (unmarried and under age 21) of an E visa holder can engage in incidental activities, such as tourism, and attend school in the United States, and can also apply for work authorization General Process for Obtaining E-1/E-2 visa Typically, the E visa is applied for directly to the U.S. Consular post in the country of the E visa national applying for the visa. In London, for example, the process is two-fold: The qualifying business entity must first register with the E visa office at the U.S. Embassy in London. This stage of the application is very document intensive and requires evidence of the nationality of the company owners and the trade or investment in the U.S. company. The U.S. Embassy in London is now taking approximately 60-90 days to register the qualifying company Once the company is registered, the foreign national and his/her family can make their non-immigrant visa applications at the Embassy. In addition, once the E company is up and running, the E employees can make their visa applications directly to the Embassy based upon the qualifying business. Once the visas are granted, the E visa holders must then pass through the airport inspection by the officials of the Department of Homeland Security Border Patrol upon their first entry into the United States. It is possible to extend the E visa status within the United States, and also to change status to the E visa or from the E visa also within the United States. Treaty Trader/Treaty Investor Countries Not all treaties that provide for E status are the same. Some treaties allow nationals to enter into either E-1 or E-2 status, but not both. The lists below set forth which countries have concluded E-1 or E-2 or both types of treaties with the U.S.: E-1 Treaties: The following countries currently have treaties with the United States allowing for E-1 Treaty Trader status: Argentina, Australia, Austria, Belgium, Bolivia, Bosnia & Herzegovina, Brunei, Canada, Chile, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, Latvia, Liberia, Luxembourg, Macedonia (the former Yugoslav Republic of FRY), Mexico, the Netherlands, Norway, Oman, Pakistan, Paraguay, the Philippines, Singapore, Slovenia, South Korea, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, the United Kingdom and Yugoslavia. E-2 treaties: The following countries currently have treaties with the United States allowing for E-2 Treaty Investor status: Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia & Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, the Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia (the former Yugoslav Republic of FRY), Mexico, Moldova, Mongolia, Morocco, the Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, the Philippines, Poland, Romania, Senegal, Singapore, the Slovak Republic, Slovenia, South Korea, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, the United Kingdom and Yugoslavia. Return to top

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