 E-1 Classification (Treaty Trader):
The E-1 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the U.S. solely to engage in trade of a substantial nature principally between the United States and the alien's country of nationality. The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items of trade between the U.S. and a treaty country. Title to the trade item must pass from one treaty party to the other.
If the alien is inside the U.S., the I-129 is used to apply for a change of status, extension of stay, or change of employment. This classification does not require a petition for employment if the alien is outside of the U.S. If outside of the U.S., the alien applies for an E-1 visa on his or her own behalf directly to a U.S. consular office abroad.
Requirements: Treaty Trader
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 U.S. and the treaty country, 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;
Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other; and
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.
The applicant intends to depart the U.S. upon the expiration of E-1 status. (However, an application for initial admission, change of status, or extension of stay in E classification may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.)
The employee has the same nationality as the principal alien employer.
The alien employer is an enterprise or organization at least 50% owned by persons having the nationality of the treaty country
Treaty trader countries:
Argentina, Australia, Austria, Belgium, Bolivia, Brunei, Canada, Republic of China (Taiwan), Colombia, Costa Rica, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, Korea, Latvia, Liberia, Luxembourg, Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom and Yugoslavia.
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E-2 Classification (Treaty Investor):
The E-2 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the United States solely to direct and develop the operations of an enterprise in which he or she has invested, or is actively involved in the process of investing, a substantial amount of capital.
If the alien is inside the U.S., the I-129 should be used to apply for a change of status, extension of stay, or change of employment. This category does not require a petition for employment if the alien is outside of the U.S. In that case, the alien applies for this category on his or her own behalf directly to a U.S. consular office abroad.
Requirements: Treaty Investor
The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails. Additionally:
The investor, either a real or corporate person, must be a national of a treaty country;
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 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 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 investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed; and
The investor must be coming to the U.S. 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
The alien employer is an enterprise or organization at least 50% owned by persons having the nationality of the treaty country
Treaty investor countries:
Argentina, Armenia, Australia, Austria, Bangladesh, Belgium, Bulgaria, Cameroon, Canada, China (Taiwan), Columbia, Congo (Brazzaville), Democratic Republic of the Congo (Kinshasa), Costa Rica, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Jordan Kazakhstan, Japan, Korea, Kyrgyzstan, Latvia, Liberia, Luxembourg, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom and Yugoslavia.
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Family Members
Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien. Spouses, not children, are authorized to work in the United States as a derivative E visa holder; however, both derivative E visa holder spouses and children are permitted to enroll in school while in the U.S. without need of an I-20 Form.
Time Limits
Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise and with the U.S. Citizenship and Immigration Services.
How We Can Help You:
Our office has successfully filed many E Visa petitions. Filing E- Visa can be cumbersome and require high level of expertise with documentation and determining the nature of the position and whether the beneficiary's background are more appropriate for an alternative Visa classification, timing, consulate processing delays etc. We suggest best possible filing strategy and alternatives if the initial proposal is not a viable option. We can advise both the employer and prospective employee regarding the E-1/E-2 documentation requirements and legal issues. We can also prepare paperwork and submit it to the U.S.C.I.S. If applicable, we can prepare and file applications for dependent family members, as well. For those who require or choose consular processing, we can then assist with application for the E-4 (dependent) visas at the appropriate U.S. Consulate abroad if needed.
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