E-1 and E-2 Visas for Trade and Investment

Business Opportunities in the U.S.

The E-1 and E-2 visas present excellent opportunities for those looking to expand their businesses or invest in the United States. These visas provide flexibility and numerous benefits for traders, investors, and their families, allowing them to establish themselves in the country and carry out their economic activities with stability. 

The E-1 Trader and E-2 Investor visas were created to facilitate and enhance economic interaction between the United States and other countries. U.S. immigration law explicitly states that E-1 visa holders must enter solely to engage in substantial trade, and E-2 visa holders “solely to develop and direct the operations of an enterprise” in which they have invested. Moreover, these visas are non-immigrant and, therefore, temporary. E-1 and E-2 visas can only be renewed or extended if the investment or trade continues to meet all applicable requirements of U.S. immigration laws and regulations. 

Treaty traders engage in significant trade in goods, including services and technology, primarily between the United States and the foreign country from which they are citizens or nationals. On the other hand, treaty investors manage the operations of a business in which they have invested or are actively investing a substantial amount of money. 

Before entering the U.S., treaty traders or investors must apply for and obtain an E-1 or E-2 visa at a U.S. consulate or embassy abroad. However, a U.S. company may also request a status change to E-1 or E-2 for a non-immigrant already in the U.S. USCIS handles status changes and extensions of stay requests for non-immigrants whose companies have submitted such petitions. 

 

E-1 Trader Visa  

 

According to USCIS, the E-1 visa is a non-immigrant visa that allows a national of a country with which the United States maintains a treaty of commerce and navigation to be admitted solely to engage in substantial international trade on their behalf. 

To apply for an E-1 visa, individuals must meet the following conditions: 

 

The trade must be substantial. 

The principal trade must be between the U.S. and the applicant’s home country. 

To better understand these conditions, let’s define trade, substantial trade, and principal trade. 

Trade: refers to the international exchange of trade items between the U.S. and the treaty country. Trade items include, but are not limited to, goods, services, international banking, insurance, transportation, tourism, technology, and news-gathering activities. 

Substantial trade: refers to a sufficient amount of trade to ensure the continuous flow of international trade items between the U.S. and the treaty country. It involves numerous transactions over time, and while there is no set minimum for each transaction’s monetary value or volume, the overall monetary value is a relevant factor. 

Principal trade: occurs when more than 50% of the treaty trader’s total international trade volume is between the U.S. and their country. 


Benefits of the E-1 Visa 

 

It is granted for a maximum period of two years. 

• Can be renewed indefinitely as long as the business meets the conditions set when the visa was approved. 

• The investor can bring their spouse and unmarried children under 21, who can obtain E-1 dependent visas for the same duration as the principal applicant. 

• The investor and their spouse will receive Social Security and can apply for credit. 

• The investor can work in their business, and their spouse can work in any business in the U.S. 

• The investor’s children can attend primary and secondary schools in the U.S. for free. 

• The visa allows the investor and their family to enter, stay, and leave the U.S. without limitations on time or number of entries. 

• Certain investor employees may also be eligible for E-1 visas as essential workers. 

• If the investor has a child over 21 who cannot obtain a visa as a dependent, they may apply as an essential worker of the business created by the investor. 

 

Process for Applying for the E-1 Investor Visa 

 

To apply for this visa, you must have a valid B1/B2 Tourist and Business Visa. It is recommended that you invest in your business, get it started, and then apply for the E-1 Visa. You can only apply if you have a visa to enter the U.S. for business purposes. 

1. It would be best to have commercial alliances, marketing channels, and zones where you plan to sell your products or services. 

2. Have an initial amount of products or services to export. 

3. Register a company. 

4. Open a bank account for your business. 

5. Understand customs procedures. 

6. Capitalize the company by transferring funds to the company’s account. 

7. Find a commercial location, remodel and equip it, obtain permits, and hire employees. 

E-2 Investor Visa 

The E-2 visa allows you to invest in your business in the United States without restrictions on the type of business or location. Additionally, this visa will enable you to acquire an already established business. It is for investors who want to invest in a business and hold citizenship from a country with a trade treaty with the U.S., enabling the investor to work in their business, the spouse to work in any company, and their unmarried children under 21 to study legally. 

The E-2 visa is granted for a period ranging from 3 to 60 months, depending on the reciprocity agreement with each country. For example: 

Country

Estimated Time

Citizens of Argentina, Colombia, Costa Rica, Honduras, Paraguay, Spain and Italy.

60 months

Citizens of Mexico

48 months

Citizens of France

25 months

Citizens of Finland

24 months

Citizens of Thailand

6 months

The E-2 investor visa can be renewed as often as needed, provided the business remains active and meets U.S. immigration requirements. U.S. immigration law does not specify a minimum investment amount to obtain an E-2 visa, but an investment close to $100,000 is recommended. 

 

Additionally, if family members are in the U.S. and seek a change of status or an extension of stay as E-1 or E-2 dependents, they may apply with USCIS. Spouses who wish to work can apply for work authorization by submitting Form I-765 to USCIS. 

 

 

Differences Between the E-1 and E-2 Visas 

 

The main difference between the E-1 and E-2 visas is that only citizens of certain countries can qualify for the E-1 visa. Some countries have an E-1 or E-2 treaty with the U.S., but not both. This means that a person from a country with an E-1 treaty with the U.S. but not an E-2 treaty can only apply for an E-1 visa. 

 

The E-1 visa does not require a financial investment in a U.S. business. Instead, you must prove that trade between your country and the U.S. is substantial, typically valued at $100,000 annually. For the E-2 visa, you must demonstrate that you are investing significant capital in an active U.S. business likely to employ U.S. workers. The required investment varies depending on the type of business but is generally between $50,000 and $100,000. 

 

While the E-1 visa does not require a five-year business plan, it is generally recommended that one be submitted. However, there is no requirement to demonstrate the likelihood of hiring U.S. workers shortly. In contrast, for the E-2 visa, a business plan is required for startups or businesses operating for less than two years. Additionally, E-2 visa applicants must demonstrate the ability to hire U.S. workers over five years. 

 

The E-1 visa does not require the formation of a U.S. company. While you can apply as a treaty trader without forming a company, it is recommended that you establish one to register with the U.S. consulate abroad. However, for the E-2 visa, you must form a U.S. business. The requirements for creating a company may vary by state. 

 

If you are considering applying for an E-1 or E-2 visa, proper guidance is crucial to ensure you meet all the requirements and fully benefit from these visa opportunities. Oasis Legal Group is here to support you every step of the way. With their expertise in immigration matters, they will help you make informed decisions and navigate the legal complexities effectively. 

 

 

Frequently Asked Questions 

 

What requirements must I meet to apply for an E-1 Visa? 

 

You must be a citizen of a country with a trade treaty with the U.S., and your principal trade must be between the United States and that country. Additionally, the trade must be substantial, with a continuous flow of international transactions. 

 

Can I renew my E-1 or E-2 Visa? 

 

Yes, both visas can be renewed indefinitely if the trade or investment meets the established requirements, such as maintaining the business and engaging in substantial activities. 

 

Can I include my family in my E-1 or E-2 Visa application? 

 

Yes, for both the E-1 and E-2 visas, you can include your spouse and unmarried children under 21. Your spouse will be able to work in the U.S., and your children will be able to study. 

 

How long can I stay in the United States with an E-1 or E-2 Visa? 

 

Initially, the visa is granted for up to 2 years (for the E-1) or 3 to 60 months (for the E-2, depending on the country). It can be renewed indefinitely as long as the requirements are met.