E-1/E-2 Visa Program Overview

The E-1 and E-2 visa programs are designed for nationals from treaty countries, facilitating their engagement in substantial trade and investment activities within the United States. These visa categories are pivotal in enhancing economic ties and fostering international business and economic growth between the U.S. and treaty countries. Francis Law possesses the requisite expertise and knowledge to assist foreign workers in navigating the complexities of their E-1/E-2 petition, ensuring a smooth process for those looking to contribute to and benefit from these economic interactions.

Program Details

Objective

E-1 Treaty Trader visas are for individuals engaged in significant international trade between the U.S. and a treaty country. E-2 Treaty Investor visas are for investors with substantial capital investments in U.S. businesses.

Eligibility

Applicants must be nationals of a country with a qualifying treaty of commerce and navigation with the U.S. E-1 visa requires substantial trade between the U.S. and the treaty country. In contrast, the E-2 visa requires a "substantial" investment in a U.S. business. Both require the applicant to return to their home country after the visa expires.

Duration

Typically up to two years with unlimited two-year extension possibilities, provided the visa holder meets the visa requirements.

Application Process

Determine Eligibility

Ensure nationality from a treaty country and meet either the substantial trade (E-1) or investment (E-2) requirements.

File Application

E-1 and E-2 visa applicants can apply directly at a U.S. embassy or consulate in their home country. The process involves submitting Form DS-160 (Online Nonimmigrant Visa Application) and, for E-2 applications, including the Nonimmigrant Treaty Trader/Treaty Investor Application DS-156E for certain employees

Attend Interview

Most applicants must attend a visa interview at the U.S. embassy or consulate, where they must provide documentation supporting their application.

Key Considerations

Investment Criteria

For E-2 visas, the investment must be substantial and at risk, and the investor must have control of the funds. The business must be bona fide and capable of generating more than a minimal living.

Trade Criteria

For E-1 visas, the trade must be substantial, with more than 50% between the U.S. and the treaty country.

Employee Eligibility

Employees of treaty traders or investors may also qualify for E visas if they are of the same nationality as the principal applicant and meet specific criteria related to their role in the business.

Assistance From Us for E-1 and E-2 Visas

Initial Assessment and Eligibility

At Francis Law, we initiate your journey by conducting a detailed assessment to establish your eligibility for the E-1 Treaty Trader or E-2 Treaty Investor visa categories. This evaluation includes reviewing your nationality, the volume of trade (for E-1), the size of your investment (for E-2), and how these align with the treaty agreements between your country and the United States.

Strategy and Documentation

Following the assessment, we tailor a strategy specific to your case. For E-1 visa applicants, we focus on proving substantial trade between the United States and the treaty country. For E-2 applicants, we emphasize the substantiality and viability of the investment. We guide you through gathering and preparing the necessary documentation to demonstrate your trade activities or investment details.

Petition Preparation

For E-2 applicants, we assist in crafting a compelling case that highlights the significance of your investment to the U.S. economy. For E-1 applicants, we help articulate the essential nature of the trade between the U.S. and the treaty country. We support in preparing persuasive petitions that underline the benefits of granting you the visa

Documentation Compilation

We aid in compiling a comprehensive dossier, including proof of nationality, evidence of substantial trade or investment, business plans, financial statements, and other relevant documentation that substantiates your eligibility for the E-1 or E-2 visa

Filing and Submission

Guiding you and, if applicable, your employees through the application process, we ensure that all forms, evidence, and supporting documents are meticulously prepared and submitted to the relevant U.S. authorities, adhering to all procedural requirements and deadlines.

Path to Treaty Visa Approval:

Upon successful approval of your E-1 or E-2 visa petition, we continue to offer assistance with visa issuance and entry into the United States. We also provide advice on maintaining visa status, visa renewals, and for E-2 investors, the potential path to permanent residency based on other eligibility criteria.

Reach out to us Today

For individuals or businesses qualifying under the E-1 or E-2 visa categories, we invite you to contact Francis Law for a consultation. Our dedicated team is here to ensure a smooth and efficient process for your U.S. entry as a treaty trader or investor. Your aspirations for engaging in trade or investment in the land of opportunities will be fully supported by our expertise and commitment.