A foreign national who is a citizen of a country that has a specific treaty with the United States can enter and/or remain the United States to invest in a business or to engage in international trade under either an E-1 (Treaty Traders) or an E-2 (Treaty Investors) visa. 

E-1 Treaty Traders

The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. 

Certain employees of such a person or of a qualifying organization may also be eligible for this classification. Additionally, the spouse and children of an E-1 Treaty Trader may be eligible for E-1 Dependent status. Spouses in E-1 Dependent status are eligible to apply for an employment authorization document (EAD) in order to work in the United States. Children on E-1 Dependent Status are eligible to attend school in the United States.

E-2 Treaty Investors

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. 

The E-2 Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling while inside the United States.  An individual’s E-2 status is must be renewed every two years, but there is no limit to how many times one can renew.  

The investment must be “substantial”, and the investor must clearly demonstrate the source of the capital invested was lawfully obtained and is the investors own funds.

Certain employees of such a person or of a qualifying organization may also be eligible for this classification. 

Additionally, the spouse and children of an E-2 Treaty Investor may be eligible for E-2 Dependent status. Spouses in E-2 Dependent status are eligible to apply for an employment authorization document (EAD) in order to work in the United States. Children on E-2 Dependent Status are eligible to attend school in the United States.

For more information on E-1 Treaty Traders and E-2 Treaty Investors, please contact Kolko & Casey, P.C. for a consultation.