The U.S. has commercial treaties with a number of countries that permit citizens of those countries to establish a business in the U.S. and reside here on a long-term basis. If you are a citizen of a treaty country and own at least 50% of a U.S. company, you may qualify for status as an E visa holder.

Treaty traders (E-1 visa holders) are involved in substantial and continuous international trade in goods or services. Acceptable services may include international banking, insurance transportation, tourism, communications and newsgathering, among others. Over 50% of the U.S. company's trade activities must be with the treaty country.

Treaty investors (E-2 visa holders) have made a substantial investment in a U.S. company that produces goods or services. An investment is considered "substantial" if it is capitalized sufficiently for the type of project. For example, a large real estate development will require much more capital than a restaurant business. Also, the percentage of capital investment required will be higher for a small investment than a large one. For example, a consular officer may wish to see that 100% of funds are committed for a small investment of under $500,000, while for a larger investment of $1 million, 50% may be sufficient and as little as 10% may be sufficient for very large investments. There is no dollar amount requirement for an E-2 visa, although investments of under $250,000 are reviewed very closely by consular officers and may not qualify.

Employees from the treaty country may also be granted E-1 or E-2 visas if they will be engaged in executive, managerial, or supervisory duties, or if they have special qualifications that are essential to the U.S. company. There is no requirement that the employee have previous experience with the overseas firm, but as a practical matter the employee will have to prove that their skills are unique and cannot be matched with a short period of training. Also, consular officers are interested in seeing a plan for how U.S. workers will be trained to replace any employees brought from overseas.

Family members, including spouses and children under age 21, may accompany the E-1 or E-2 treaty investor or employee to the U.S. They are not authorized to work in the U.S., unless they can qualify independently as an E-2 owner, manager or essential employee or under another visa category. Children of the E-1 or E-2 visa holder may attend public schools without any limitation through the 12th grade. They may also attend college until age 21 and pay tuition as state residents, rather than the more expensive tuition paid by nonresident foreign students.

Application procedure depends upon whether the treaty trader or investor is able to remain in the U.S. during the process. Before an application can be filed, the investor must have a lease agreement or open escrow and have transferred substantial funds to a U.S. business account. Once the investment reaches this stage, many investors prefer that the application be filed with a U.S. consulate abroad. Most consular officers will review the application in advance, taking a minimum of 30-60 days, and advise whether they are inclined to approve it; the visas can then be issued after a short personal interview. Alternatively, the application may be filed with CIS in the U.S. However, in this situation, a second application must still be filed with the consulate abroad at the time of the investor's next trip outside the U.S. After the first visa is obtained, generally valid from one to five years, the visa may be extended in the U.S.

Our office counsels employers and applicants regarding the appropriate documentation required, monitors the application after filing and communicates with CIS to insure that normal processing times are followed, gives advice on the timing of business trips and relocation of family members, and prepares all necessary documents to obtain a nonimmigrant visa at the American Consulate abroad. We continue to be available for advice or consultation during the full validity period of the visa and handle requests for extension of stay or permanent residence at an additional charge.