NON-IMMIGRANT VISAS
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
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);
Trade means the international exchange of goods, services, and technology. Title of the
trade items must pass from one party to the other; and
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 (ver
9 FAM 41.51 N13).
REQUIREMENTS: TREATY INVESTOR
The investor, either a real or corporate person, must be a national of a treaty country
(see 9 FAM 41.51
N2);
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 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 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 (ver
9 FAM 41.51 N11);
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 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 skill capacity. Ordinary skilled and
unskilled workers do not qualify.
RESIDENCE REQUIRED FOR TREATY TRADER/INVESTOR APPLICANTS
Current Post policy is to accept only applicants who are residing permanently in
Spain, Andorra or a Spanish territory and have domicile there. Therefore, an
applicant must prove domicile in Spain, Andorra or a Spanish territory. HOW TO APPLY
An applicant for a Treaty Trader (E-1) or Treaty Investor (E-2) visa must first establish
that the trading enterprise or investment enterprise meets the requirements of
the law. It is impossible to specify the exact form the evidence should take
since applicants' circumstances vary greatly. E visa applicants will be required
to appear in person before a consular officer for a visa interview, but only
after the trading enterprise or investment company has been registered with the
Treaty Visa Office. If you believe that you qualify for an E-1 or E-2
visa.
U.S. PORT OF ENTRY
Applicants should be aware that a visa does not guarantee entry into the United States. The
Department of Homeland Security, United States Citizenship and Immigration
Services (USCIS) has authority to deny admission. Also, the period for which the
bearer of a treaty trader or investor visa is authorized to remain in the United
States is determined by the USCIS, not the consular officer. At the port of
entry, a USCIS official validates the Record of Arrival/Departure (Form I-94),
which notes the length of stay permitted. Those persons who wish to stay beyond
the time indicated on their Record of Arrival/Departure must contact the USCIS
to request an Application to Extend Status (Form I-539). The decision to grant
or deny a request for extension of stay is made solely by the USCIS.
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. 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.
To 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 as long as they continue to maintain their
status with the enterprise.
FURTHER INQUIRIES
Additional information is available on the Internet at:
Treaty Traders and Treaty Investors web page.
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. Immigration and Naturalization Service in the United
States.
I BELIEVE THAT I QUALIFY FOR A E-1 OR E-2 VISA. WHAT DO I DO NEXT?
You should apply for the visa.
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