Visas for Treaty Traders and Treaty Investors

Overview

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating countries, select Treaty Countries.

You must be coming to the United States to:

  • engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country; or
  • develop and direct the operations of an enterprise in which you have invested a substantial amount of capital.

For more information on business investment in the United States, see the U.S. Department of Commerce website SelectUSA.

Trade for Treaty Trader and Treaty Investor purposes – Examples:

These are some examples of types of enterprises that constitute trade under E visa provisions.

  • international banking
  • insurance
  • transportation
  • tourism
  • communications

To qualify for a Treaty Trader (E-1) Visa

  • You must be a citizen of a treaty country.
  • The trading firm for which you plan to come to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise.
  • The international trade must be substantial, meaning that there is a sizable and continuing volume of trade.
  • More than 50 percent of the international trade involved must be between the United States and the treaty country.
  • Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
  • You must be an essential employee, 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.

To qualify for a Treaty Investor (E-2) Visa

  • The investor, either a person, partnership or corporate entity, must have the citizenship of a treaty country.
  • If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality.
  • The investment must be substantial, with investment funds or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise.
  • The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
  • It must generate significantly more income than just to provide a living to you and family, or it must have a significant economic impact in the United States.
  • You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
  • You must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

How to Apply

There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. embassy or consulate where you apply. Please consult the instructions available on the embassy or consulate website where you will apply.

Complete the Online Visa Application

  • Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160. You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.
  • Photo – You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements.

Schedule an Interview

While interviews are generally not required for applicants of certain ages outlined below, consular officers have the discretion to require an interview of any applicant, regardless of age.

You must schedule an appointment for your visa interview, generally, at the U.S. embassy or consulate in the country where you live. You may schedule your interview at any U.S. embassy or consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence.

If you are age: Than an interview is:
13 and younger Generally not required
14-79 Required (some exceptions for renewals)
80 and older Generally not required

Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply.

Prepare for Your Interview

  • Fees - Pay the non-refundable visa application fee, if you are required to pay it before your interview. For current fees for Department of State government services select Fees. When your visa is approved, you may also pay a visa issuance reciprocity fee, if applicable to your nationality. Please review the Visa Reciprocity Tables to find out if you must pay a visa issuance fee.
  • Review the instructions available on the website of the embassy or consulate where you will apply to learn more about fee payment.

Gather Required Documentation

Gather and prepare the following required documents before your visa interview:

  • Passport valid for travel to the U.S. - Your passport must be valid for at least six months beyond your period of stay in the U.S. (unless exempt by country-specific agreements). If more than one person is included in your passport, each person who needs a visa must submit a separate application.
  • Nonimmigrant Visa Application, Form DS-160 confirmation page
  • Application fee payment receipt, if you are required to pay before your interview
  • Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.
  • Nonimmigrant Treaty Trader/Treaty Investor Application, Form DS-156E – This form is required for:
    • all E-1 treaty trader visa applicants; and
    • E-2 treaty investor visa applicants, if you are an Executive/Manager/Essential Employee.

Additional Documentation May Be Required

Review the instructions for how to apply for a visa on the website of the embassy or consulate where you will apply. Additional documents may be requested to establish if you are qualified.

Treaty Trader (E-1) or Treaty Investor (E-2) visa applicants must establish that the trading enterprise or investment enterprise meets the requirements of the law and complies with the many requirements for the E visa category. The consular officer may provide you with special forms to complete for this purpose. You should expect that the consular officer will request additional documentation to determine your eligibility for a treaty trader or treaty investor visa. It is impossible to specify the exact documentation required since circumstances vary greatly by applicant. For detailed requirements for this category, review 9 Foreign Affairs Manual 41.51 Treaty Trader and Treaty Investor.

Attend Your Visa Interview

During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.

Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, your application may require further administrative processing. You will be informed by the consular officer if further processing is necessary for your application.

When the visa is approved, you may pay a visa issuance fee if applicable to your nationality, and will be informed how your passport with visa will be returned to you. Review the visa processing time, to learn how soon your passport with visa will generally be ready for pick-up or delivery by courier.

Additional Information

  • You will need to demonstrate your intention to depart the United States at the end of your stay on an E visa (as authorized by U.S. Customs and Border Protection officials).
  • We cannot guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.
  • Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U.S. visa in an expired passport is still valid. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the U.S.

Spouse and Children

Visa Denial and Eligibility

Review Visa Denials for detailed information about visa ineligibilities. denials, and waivers.

Misrepresentation or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States. Review Ineligibilities and Waivers: Laws.

Entering the U.S. - Port of Entry

A visa allows a foreign citizen coming from abroad, to travel to the United States port of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. If you are allowed to enter the U.S., the CBP official will determine the length of your visit.

Notice: New Electronic I-94 Process - From April 30 through May 25, 2013, CBP will roll out a new electronic I-94 process at air and sea ports of entry. Under the new CBP process, a CBP officer will provide each admitted nonimmigrant traveler with an admission stamp on their passport. CBP will no longer issue a paper Form I-94 upon entry to the U.S., with some exceptions. Learn more on the CBP website.  

If you are issued a paper Form I-94, this will document your authorized stay and is the official record of your permission to be in the U.S. It is very important to keep inside your passport. In advance of travel, prospective travelers should review important information about Admissions/Entry requirements, as well as information related to restrictions about bringing food, agricultural products or other restricted/prohibited goods explained on the Department of Homeland Security, Customs and Border Protection website.

How Do I Extend My Stay?

  • Visitors who wish to stay beyond the date indicated on their admission stamp or paper Form I-94 are required to have approval by USCIS. See Extend Your Stay on the USCIS website.
  • You must depart the United States on or before the date indicated on your admission stamp or paper Form I-94, unless your request to extend your stay is approved by USCIS.
  • Failure to depart the United States on time will result in you being out of status, can void your visa, and may make you ineligible for visas you may apply for in the future. Review Visa Denials, Ineligibilities and Waivers: Laws, and section 222(g) of the Immigration and Nationality Act to learn more.

How can I find out how long I am authorized to stay in the U.S.?

  • A visa does not guarantee entry into the United States, but allows a foreign citizen coming from abroad, to travel to the United States port of entry and request permission to enter the U.S. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States, and determine how long a traveler may stay. If you are allowed to enter the U.S., the CBP official will determine the length of your visit.
Notice: New Electronic I-94 Process - From April 30 through May 25, 2013, CBP will roll out a new electronic I-94 process at air and sea ports of entry. Under the new CBP process, a CBP officer will provide each admitted nonimmigrant traveler with an admission stamp on their passport. CBP will no longer issue a paper Form I-94 upon entry to the U.S., with some exceptions. Learn more on the CBP website. 
  • On the admission stamp or paper Form I-94, the U.S. immigration inspector records either a date or "D/S" (duration of status). If your admission stamp or paper Form I-94 contains a specific date, then that is the date by which you must leave the United States. If you are issued a paper Form I-94, this will document your authorized stay and is the official record of your permission to be in the U.S. It is very important to keep inside your passport. Review information about Admission on the CBP Website. Also, see Duration of Stay.

I did not turn in my I-94 when I left the United States, what should I do?

If you failed to turn in your paper Form I-94 Arrival/Departure Record, see Department of Homeland Security, Customs and Border Protection website for more information. If you did not receive a paper Form I-94 and your record was created electronically, CBP will record your departure using manifest information obtained from the air or sea carrier.

How Do I Change My Status?

Some nonimmigrant visa holders, while present in the U.S., are able to file a request which must be approved by USCIS to change to another nonimmigrant category. See Change My Nonimmigrant Status on the USCIS website.

Important Note: Filing a request with USCIS for approval of change of status before your authorized stay expires, while you remain in the U.S., does not by itself require the visa holder to apply for a new visa. However, if you cannot remain in the U.S. while USCIS processes your change of status request, you will need to apply for a nonimmigrant visa at a U.S. Embassy or Consulate abroad.

Further Questions

Case-Specific Questions - Contact the U.S. embassy or consulate handling your visa application for status information. Select U.S. Embassy or Consulate for contact information.

General Questions - Review Contact Us.