"E" Treaty Investors and Treaty Traders

• A person may qualify as an "E-2" treaty investor if he or she is coming to the U.S. to develop and direct the operation of a business in which the person has invested (or is about to invest) a substantial amount of capital. There must also be a treaty with the person's country permitting such entry. The U.S. has such treaties with Canada (NAFTA), and many other countries. Here is the complete list.
   
• Employees of a treaty investor who share the same nationality as the investor may also be admitted, if they will engage in duties which require special qualifications that are essential to the efficient operation of the business.
   
• The investor is admitted for an initial period of two years, but this period can be extended almost indefinitely. A spouse and children may be admitted as well. Under a new law, E spouses may apply for work authorization.
   
• The funds to be invested must be committed at the time the visa is issued. The amount varies widely depending on the type of business and the consulate involved. While there is no official minimum, cases involving less than $100,000 U.S. are difficult. In the past, the Canadian consulate has often accepted lower amounts than some other U.S. consulates.
   
• A person may qualify as an "E-1" treaty trader if he or she is coming to the United States to carry on substantial trade in goods or services between the United States and the treaty nation of which the person is a citizen. The trade must already exist at the time of application. Over 50% of the international trade must be with the applicant's nation. For instance, if the treaty trader is from Canada, over 50% of the international trade must be between the U.S. and Canada. If the treaty trader is a business rather than an individual, at least 50% of the business must be owned by citizens of the treaty nation. The place of incorporation doesn't matter. Employees of treaty traders may also be admitted.
   
• Unlike most nonimmigrant categories, the U.S. consulates abroad, rather than the INS, usually process applications for E status in the first instance. In Canada, most E visas are processed by the U.S. consulate in Toronto. Vancouver now processes cases filed by residents of British Columbia, Alberta, and the Yukon.

We can help evaluate and prepare your "E" application to increase your chances of success.