Treaty Traders & Investors

The following information describes the two types of non-immigrant visas for persons wishing to invest in or trade with a company in the U.S.: a Treaty Investor visa (E-2) or a Treaty Trader visa (E-1). Please note that neither of these visas is a substitute for an immigrant visa. Persons wishing to remain indefinitely in the U.S. should apply for the appropriate immigrant visa.

A national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States: to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country; or to develop and direct the operations of an enterprise in which the national has invested; or is in the process of investing a substantial amount of capital, may qualify for a nonimmigrant Treaty Trader or Treaty Investor visa.

Requirements: Treaty Trader (E-1)

• The applicant must be a national of a treaty country; (see 9 FAM 41.51 N3)


• The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country; (see 9 FAM 41.51 N3)


• The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade; (see 9 FAM 41.51 N6);


• 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; (see 9 FAM 41.51 N6);


• 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. (See 9 FAM 41.51 N13); and


• The applicant intends to depart the United States when the E-1 status terminates.

Requirements: Treaty Investor (E-2)

• The investor, either a real or corporate person, must be a national of a treaty country; (see 9 FAM 41.51.2)


• The applicant has invested or is in the process of investing (see 9 FAM 41.51);


• The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with assets of the investment enterprise are not allowed; (see 9 FAM 41.51 N8.1.1) and
• 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; (See 9 FAM 41.51 N9)


• 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; (See 9 FAM 41.51 N10)


• 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; (See 9 FAM 41.51 N11)


• The applicant is in a position to "develop and direct" the enterprise (see 9 FAM 41.51 N12);


• 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. (See 9 FAM 41.51 N12 & N14); and


• Applicant intends to depart the United States when the E2 status terminates.

UK residency required for British applicants

The controlling treaty between the U.S. and the United Kingdom requires that E visa investors or traders be "inhabitants" of British territory in Europe. According to the treaty, this term means "one who resides actually and permanently in a given place, and has his domicile there". Therefore, a British applicant must prove domicile in the United Kingdom.

How to apply

Applicants for Treaty Trader (E-1) or Treaty Investor (E-2) status must first seek registration of the enterprise with the Treaty Visa Office. To register an enterprise, the applicant must establish that the trading or investment enterprise meets requirement of the law. See 9 FAM 41.51 and "Registering your Enterprise".

Once the enterprise is successfully registered, E visa applicants will required to appear in person before a consular officer for a personal interview. The applicant has the burden of demonstrating eligibility for E Visa classification as an investor or employee. ( See 9 FAM 41.51 )

Processing Times

It currently takes about 120 days to process an E visa application, but visa processing times may vary without notice.

Status of Applications Pending Adjudication

You will be notified concerning the outcome of your case by email. Please do not contact our office to inquire about the status of an application.

U.S. Port of Entry

Applicants should be aware that a visa does not guarantee entry into the United States. The immigration officials at the port of entry have the authority to deny admission.

Spouses partners and children

Spouses and unmarried children under 21 years of age, regardless of nationality, who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative E visas. If applying separately from the principal, a copy of the marriage certificate and/or birth certificate(s) for the child(ren) will be required. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program (VWP).

More information for partners and common-law spouses.

E visa versus F-1

There is no requirement that the spouse and/or children of an E visa holder apply for a student (F-1) visa if they wish to study in the U.S.

Working on an E visa

As a result of a recent change in the law, spouses of E visa holders may seek employment authorization on derivative E visas. For further information, please contact the USCIS on your arrival in the United States.

Time Limits

Holders of E visas may reside in the United States until their visas expire and provided that they work for the same employer.

Further Inquiries: Additional information is available on the internet from travel.state.gov. Questions on qualifications for E visa classifications and visa application procedures should be made to the Treaty Visa Office at the address above. You must enclose a self-addressed stamped A-4 size envelope to ensure a reply. Questions on conditions and limitations on employment should be made to the local office of the U.S.Citizenship and Immigration Services in the United States.

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