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Visa for Treaty Investors (E-2) and Treaty Traders (E-1)

Obtaining an E-2 Visa or an E-1 Visa (Import/Export Visa)

The E-2 Treaty Investor Visa and the E-1 Treaty Trader Visa are two types of visas that are available to citizens of countries that have a treaty of commerce and navigation with the United States. You can find a list of treaty countries on the U.S. Department of State’s website. It is part of a diverse set of American visas that offer unique opportunities to professionals wishing to establish themselves in the United States

The E-2 Treaty Investor Visa allows a citizen of a treaty country to invest a substantial amount of money in a new or existing U.S. business and then obtain a visa to come to the U.S. to manage and direct the business. The E-1 Treaty Trader Visa is for individuals who are engaged in substantial trade of goods or services between the U.S. and the treaty country of which they are a citizen.

One of the advantages of these visas is that they allow an individual to qualify for a work visa without a job offer from a U.S. company. If the investment and company structure are properly done, the chances of success for these visas are very high.

  • To qualify for an E-2 Treaty Investor Visa, an individual must own at least 50% of an active U.S. company and invest a significant amount into the business.
  • The E-2 Visa is valid for 5 years for most countries, though some countries are issued an E-2 for a shorter period.  French citizens for example, are issued an E-2 visa for only 4 years at a time.
  • No job offer or sponsorship from a U.S. employer or family member is required.
  • The E-2 Treaty Investor Visa allows an individual to work in any field by opening or buying a U.S. business.
  • The spouse of the E-2 or E-1 Visa holder also receives a visa and full work authorization.
  • The E-1 and E-2 Visas do not lead directly to permanent residence (green card).
  • The E-2 Treaty Investor Visa needs to show positive economic impact and job creation for U.S. workers to be renewed.
  • The E-1 Treaty Trader Visa requires the trade between the U.S. and the treaty country to remain substantial to be renewed.

Why choose Patriot Immigration for your E-2 and E-1 visa

At Patriot Immigration, we provide our clients with comprehensive guidance throughout the entire visa process. For the E-2 Treaty Investor Visa, we assist clients in structuring their treaty company to meet the visa requirements and advise them on how to properly trace their funds and make their investment in compliance with U.S. immigration laws. For the E-1 Treaty Trader Visa, we help clients determine if the volume and type of trade between the U.S. and their treaty country is sufficient to qualify for the visa, and provide guidance on how to grow the trade in the long term to ensure the validity of the visa.

Our services include advising clients on all steps of the E-1 and E-2 visas, from opening a U.S. company and making the necessary investment or trade, to scheduling the interview and coming to the United States to manage their company. The E-2 Treaty Investor Visa has several strict requirements that must be met, including proper ownership percentage in the U.S. company, demonstrating a legal and traceable source of funds, and operational control of the U.S. company. We strive to make the process as simple as possible for our clients, in order to help them obtain their E-2 visa as quickly as possible.

For the E-1 Treaty Trader Visa, we analyze the nature, size, and scope of the trade between the client’s country and the United States to determine if it meets the visa requirements. We also advise clients on how to conduct the trade in a transparent and well-documented manner, in order to maximize the chances of initial approval and future extensions or renewals of the visa.

FAQ | E-2 Investor & E-1 Import/Export Visas

What are the requirements to obtain a United States E-2 Investor Visa?

The E-2 Visa (or E-2 Investor Visa) allows a national of a country that has signed a treaty of commerce with the United States to make a substantial investment in a U.S. company, and thereafter use the company as the basis to qualify for a visa. Key requirements include:

  • Demonstrate a real and at risk investment in a U.S. company;
  • Prove that the company is not marginal (it must generate income or create jobs, or has the potential to do so within a 5 year period);
  • To take an active role in the management or direction of the company. This visa does not require a fixed minimum investment, but the investment must be significant in proportion to the type of company being purchased or developed.

What is the difference between the E-1 Treaty Trader Visa and the E-2 Investor Visa?

The E-1 Visa (or E-1 Visa Treaty Trader Visa) is intended for entrepreneurs who carry out significant trade between their country of origin and the United States (import/export of goods or provision of services). The E-2 investor visa, on the other hand, is based on a direct investment in a U.S. company. In short:

  • E-1 Visa = International trade in goods or services;
  • E-2 Visa = Investment in a business.

Does the E-2 Visa allow you to obtain a Green Card?

There is no E2 Green Card Visa: the E-2 visa does not automatically lead to permanent residency. However, there are some legal strategies that may allow for a transition to the Green Card (via the EB-5 Visa, the EB-1C visa, or family sponsorship). An immigration lawyer can guide you towards the best option according to your profile and your project.

What to do if the U.S. consulate denies an E-2 visa?

Having your E-2 visa denied at an embassy or consulate does not mean that one must start again from zero, and even strong cases sometimes receive an initial denial. Consular officers generally state the reason for the denial, and it is often possible to make the necessary adjustments and submit a new application. The most common reasons for refusal are:

  • Investment considered insufficient;
  • Incomplete or not very credible business plan;
  • Poorly documented file.

A lawyer can analyse the denial, and thereafter update and resubmit the petition.

Can the spouse of an E-2 Visa holder work in the United States?

Yes. The spouse of an E2 Visa holder has the right to work freely in the United States, without having to obtain an Employment Authorization Document (EAD). Minor children (under 21 years of age) can study in the United States. This makes the E-2 visa an attractive option for families wishing to settle together in the United States.

How much does an E-2 Visa cost and what are the processing times?

The price of the E2 Visa depends on several factors:

  • Consular fees (usually around $205);
  • The legal costs of preparing the file (varies based on the complexity of the case);
  • The average processing time varies between 2 and 4 months, depending on the American consulate and the quality of the file. A complete and consistent file can speed up the process significantly.
  • If the applicant files for a change to E-2 status with USCIS, the case can be approved in only 15 business days, with the payment of a premium processing fee of $2805.

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