E, TREATY TRADERS AND INVESTORS

E1/E2 VISA TREATY TRADERS AND INVESTORS


The E visa category was established to give effect to treaties between the United States and foreign countries that provide for reciprocal benefits to nationals of each country who conduct trade between the two countries or who invest in the other country. The E-1 visa category applies to treaty traders and the E-2 visa category applies to treaty investors, as discussed below. 

Employees of a treaty foreign national business or entity may be classified as E-1 or E-2 if the employee is or will be engaged in executive, managerial or supervisory duties, or if the employee has special qualifications that make the services to be rendered essential to the efficient operation of the enterprise. The employer must have the nationality of the treaty country or, if an organization, at least 50 percent owned by persons having the nationality of the treaty country. Employees also must have the nationality of the treaty country. 

E-1, Treaty Trader 

A person who wishes to enter the United States as an E-1 treaty trader (or as an employee of a treaty foreign national) must be seeking admission solely to carry on substantial trade, including trade in services or technology, between the Untied States and the foreign state of which he or she is a national. The treaty trader (and employee(s), if applicable) must have the nationality of the treaty country. 
"Substantial" describes the flow of goods or services between the U.S. and the treaty country and involves weighing both the applicant's volume of trade and the number of transactions. The best example of "substantial" trade is a large number of high-valued transactions. The best example of trade that isn't "substantial" is a small number of low-valued transactions. The applicant needs to supply documents which make the case that trade is substantial in this sense. 
Trade for E-1 purposes consists of three characteristics, each of which must be present. The three requirements are: 

· Trade must constitute an exchange between the United States and the treaty country; 

· Trade must be international in scope; and 

· Trade must involve qualifying activities.

Over 50% of the total volume of the international trade conducted by the treaty trader regardless of location must be between the United States and the treaty country of the foreign national's nationality. 

http://e1-e2-treaty-trader-investor-visas.blogspot.com/2018/03/e2-visa-to-green-card.html

E-2, Treaty Investor

A person who wishes to enter the United States as an E-2 treaty investor (or as an employee of a treaty foreign national) must be seeking admission solely to develop and direct the operations of an enterprise in which he or she has invested, or of an enterprise in which he or she is actively in the process of investing a substantial amount of capital. 

· Funds must be irrevocably committed to the business, and must be at risk. Funds considered to be at risk would include funds in which personal assets are involved or some similar personal liability. A reasonable amount of cash, held in a business bank account to be used for business operations may be counted as a portion of the investment funds. 

· The applicant must have a controlling (i.e., 50% or more) interest in the enterprise. 

· The investment must be a real and active entrepreneurial or commercial undertaking. 

· The investment must also be substantial, which is determined by comparing the amount of the qualifying funds invested and the fair market value of the established business, or if a newly created business, the cost of establishing such a business. 

· The enterprise must be more than marginal; it must have the present or future capacity to generate more than enough income to provide a living for the treaty investor and his or her family or make a significant economic contribution.

Spouses and children of a principal E nonimmigrant are admitted in the same category as the principal. E spouses may obtain authorization to work in the United States. 

Applications abroad are made at a U.S. consular post. In the United States, an I-129 petition with the E supplement must be filed to request E approval. Petitions must be filed at the U.S. Citizenship and Immigration Services office having jurisdiction over the place of intended employment. 

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