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Treaty Trader/Investor

E visas are available to Treaty Traders and Treaty Investors

A Treaty Trader (E-1 visa) is a person coming to carry on substantial trade involving the flow of goods or services principally between the United States and a country which has a treaty of commerce with the United States. Belgium does have a treaty of commerce with the U.S. Over 50% of the international trade must be conducted between the United States and the treaty country.

The Treaty Trader must be a citizen of the treaty country. An employee of a trader may also qualify as a treaty trader if he or she is entering the United States in an executive or supervisory capacity; or, if employed in a lesser capacity, the employee must have skills which are essential to the efficient operation of the business.

A Treaty Investor (E-2 visa) is a citizen of a treaty country who is coming to the United States to develop and direct a bona fide enterprise in which they have made a "substantial" investment of capital and, thereby, own at least 50% or maintain a controlling interest.

The employee of a treaty investor who will be employed in an executive or supervisory capacity, or who has skills which are essential to the operation of the business, may also be classified as a treaty investor.

The E-1 and E-2 beneficiary’s spouse and unmarried children under the age of 21 may also qualify for an E visa.

Requirements for a Treaty Trader (E-1) visa 

  1. The applicant must be a national of a treaty country.
  2. The trading firm for which the applicant is coming to the United States must have the nationality of the treaty country.
  3. The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade.
  4. The trade must be principally between the United States and the treaty country, which is defined to mean that more than 50% of the international trade involved must be between the United States and the country of the applicant's nationality.
  5. Trade means the international exchange of goods, services and technology. Title of the trade items must pass from one party to the other.
  6. 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.

Requirements for a Treaty Investor (E-2) visa

  1. The investor, either a real or corporate person, must be a national of a treaty country.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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 skills capacity. Ordinary skilled and workers do not qualify.

To apply for a Treaty Trader (E-1) or Treaty Investor (E-2) visa, an applicant must first establish that the trading enterprise or investment enterprise meets the requirements of the law. The consular officer will provide the applicant with special forms for this purpose. Each applicant must submit a nonimmigrant visa application form to establish his or her entitlement to the visa status.

Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise. Spouses and children of any nationality may receive derivative E visas in order to accompany the principal alien.

Dependents are not authorized to work in the United States

Information

  • For additional form DS-156 E, click here. (PDF - 147 KB)

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