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E visas for treaty traders and investors 

 

The basis of this classification lies in treaties which were entered into, at least in part, to enhance or facilitate economic and commercial interaction between the United States and the treaty country.

Although this classification mandates compliance with a lengthy list of requirements, many of these standards are subject to the exercise of a great amount of judgment and discretion. In view of the judgmental nature of this classification, consular officers are supposed to be flexible, fair, and uniform in adjudicating E visa applications.  

As in the case of any visa application, the burden of proof to establish status rests with the alien. If the alien's qualification for E-1 or E-2 classification is uncertain, the consular officer may request whatever documentation is needed to overcome that uncertainty.  

Requirements for (E-1) Treaty Trader
  

In evaluating E-1 applications, consular officers must determine whether:

  • The requisite treaty exists 

  • The individual and/or business possesses the nationality of the treaty country 

  • The activities constitute trade within the meaning of INA 101(a)(15)(E) 

  • Such trade is substantial 

  • Such trade is principally between the United States and the treaty country 

  • The applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the United States; and

  • The applicant intends to depart the United States when the E-1 status terminates.


Requirements for E-2 Treaty Investor  


In evaluating E-2 applications, consular officers must determine whether the:

  • Requisite treaty exists;

  • Individual and/or business possess the nationality of the treaty country;

  • Applicant has invested or is actively in the process of investing;

  • Enterprise is a real and operating commercial enterprise;

  • Applicant's investment is substantial;

  • Investment is more than a marginal one solely for earning a living;

  • Applicant is in a position to “develop and direct” the enterprise;

  • Applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the United States; and

  • Applicant intends to depart the United States when the E-2 statues terminates.

 

   
   

 

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