Arguably, the E treaty visa can be viewed as the quintessential quid pro quo that says, “You give us investment or substantial trade, and we’ll give you a visa.”  If only it were that simple to get the visa as the diplomatic handshake it took to set the agreement on course to reaching international treaty status.

Whether launching a startup, purchasing a business, or managing cross-border trade, look no further than the E treaty visa to stamp your way into the U.S. 

What is an E Treaty Visa

The E treaty visa is based on a Treaty of Commerce and Navigation (“TCN”) between the United States and a foreign country.  For E treaty visa purposes, there are currently 83 countries that have a TCN with the United States.

Foreign businesses, big and small, use the E visa to expand operations into the U.S. or to continue substantial international trade that is primarily conducted with the U.S., or entrepreneurs use it to create their start-ups or purchase existing U.S. companies by making a substantial capital investment in the United States.

Depending on the reason, applicants will apply for either an E-1, treaty trader visa to carry on substantial international trade; or an E-2, treaty investor visa to direct and develop a business resulting from having made a major capital investment in the U.S. or is in the process of doing so.

E Treaty Visa Eligibility

Whether applying for an E-1 or an E-2 visa, the foreign company must have the nationality of the applicant by virtue of at least a 50% ownership and the applicant being from a country with which the United States has a TCN. 

Apart from that and the applicant seeking to fulfill an executive/supervisory position or posses the skills essential to the firm’s operations in the U.S. as well as intending to depart the United States at the conclusion of the status, the two E visa categories have different eligibility requirements.

E-1 Treaty Visa for Traders

It goes without saying that there must be trade between the U.S. and the company of the treaty country.  But what kind of trade?  And how much trade is required?

Specifically, the requirements that must be met are the:

• Activities must constitute trade
• Applicant must be going to the United States solely to engage in substantial trade; and
• Trade is principally between the United States and the treaty country of the applicant’s nationality

In a nutshell, the international exchange of goods, services, and technology is sufficient to constitute the kind of trade needed between the two countries.  However, the exchange must be a sizable volume that is ongoing for it to be considered substantial, and the foreign country’s trading partner must almost be singularly with the United States.

E-2 Treaty Visa for Investors

Like there must be trade for the E-1, there must be an infusion of capital into the U.S. the applicant has made or is in the process of making for the E-2 visa.  The:

• Enterprise has to be commercially real and operating
• Applicant’s investment is substantial
• Enterprise is more than a marginal one solely for earning a living; and
• Applicant is in a position to develop and direct the enterprise

The crux of a successful E-2 application is tracing the investment funds.  That they belonged to the applicant from the source to investment, the target of which is an active U.S. enterprise that’s been set on a path toward success for the economic benefit of the United States with the use of the investment funds.

In other words, Uncle Sam wants to follow your money … literally.  To see if its legal, that it’s been spent and to ensure that your case is fueling American dreams, not just buying you a Starbucks on every block!

Applying for an E Treaty Visa

Even the oh so lucky, visa exempt Canadians must endure what’s known as consular processing to achieve E treaty status.

This means completing an online application, scheduling an appointment with the U.S. embassy or consulate in your country of residence, and going through the nerve-racking ordeal of being interviewed by a consular officer there to get the visa.

It must all happen before attempting to be admitted in E-1/E-2 status by an officer at the border.

Unfortunately, consular processing can’t be circumvented.  Not even by those who, while in the U.S., changed to E status then have plans of returning to the U.S. as a treaty trader or investor after leaving for international travel.  An E visa will still be required before appearing at a border to be admitted accordingly.

Length of Stay

Typically, E visas are valid for a maximum of 5 years at a time with the opportunity for renewals indefinitely, but the visa validity period varies from country-to-county depending on the reciprocity agreement with the United States. 

Despite the visa validity period, upon admittance, applicants are granted up to a 2-year stay in the U.S. or less.

The E Treaty Visa vs. Green Card

The short of it is that there’s no natural path to a green card, generally.  Depending on the circumstances and the facts of the case, however, there may be an opportunity for permanent residency sponsorship.

What About Family Members?

Spouses and children may apply for a dependent E-1/E-2 visa.  Though the primary applicant may only work for the E visa enterprise, spouses have the opportunity to work for any company in the U.S. or run their own company while children may attend either public or private school.

Certain nationals get a VIP pass into the United States if they’re taking trade deals or investment dollars instead of just a suitcase and some hope.  With the right passport and a solid business plan, the E-1 or E-2 treaty visa might just be the path for you.  Contact us to see if you can business your way into the U.S. – no secret handshake required!

Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice.  While efforts are made to ensure the content is accurate and up to date at the time of publication, laws and regulations may change, and the information may no longer be current.  You should consult a qualified legal professional for advice specific to your situation.