These two types of visas are similar in that they require the applicant to be a national of a country with which the United States maintains a trade treaty (E-1) or an investment treaty (E-2). Typically, these visas are issued for five years and can be renewed indefinitely as long as the business is ongoing. Because the E-2 Treaty Investor Visa is the more commonly used of the two, we will set forth its description first.
E-2 (Treaty Investor)
It is important to note that this visa requires a “substantial” investment. Unfortunately, the relevant laws and regulations do not define what is “substantial.” Although the definition varies depending upon the type of business, location of the US consulate and the individual visa officer, the minimum investment is typically considered to be $100,000.00. This amount provides somewhat of a “comfort zone” but cannot be used as a strict rule. Visa officers have denied investments greater than this amount and have been known to occasionally approve ones in lesser amounts.
The requirements for the E-2 category as set forth by the US Department of State are as follows:
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.
E-1 (Treaty Trader)
The E-1 Trade Visa requires “substantial” trade. Again, this term is not specifically defined and is open to interpretation. The visa officer will look to both the amount of goods being traded and the continuous nature of the transactions. Thus, a one-time transaction, although it may be for a very large amount, would almost certainly not qualify. The trade must be both sizable and continuing.
The requirements for the E-1 Treaty Trader category as set forth by the US Department of State are as follows:
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.
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