Trader Visa and Treaty Investor Visa

If you engage in trade between your country and the United States, are seeking to further develop trade operations in a business in which you’ve already invested, or are about to invest a substantial amount of money, you could be eligible for a treaty visa. The two main types are the Treaty Trader (E-1) and the Treaty Investor (E-2) visa; according to the U.S. Department of State, you must also be “a national of a country with which the United States (U.S.) maintains a treaty of commerce and navigation.”

See the list of Treaty Countries to determine whether your country qualifies.

The U.S. Department of State lists very strict requirements for each of these visas as follows:

Requirements: Treaty Trader

• The applicant must be a national of a treaty country.
• The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country.
• The international trade must be “substantial” in the sense that there is a sizable and continuing volume of trade.
• 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.
• Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
• 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.

Requirements: Treaty Investor

• The investor, either a real or corporate person, must be a national of a treaty country.
• 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.
• 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.
• 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 U.S.
• The investor 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.
• 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.

Where should an applicant apply for an E-1 or E-2 visa?

Generally you should apply at the consulate or embassy that covers the geographic area of your permanent residence.
For full instructions on applying for a Treaty Trader (E-1) and the Treaty Investor (E-2) visa, including the most current information on the documents and fees required, be sure to check out the U.S. Department of State website. As with all visa issues, if you have any questions regarding your specific situation, you are advised to consult with an experienced immigration lawyer in your area.