E Visa

E-1 Visa Information (Treaty Trader)

• 1. Nationality: The applicant must be a national of a treaty country or share the same treaty nationality as the employing company.
• 2. Substantial Trade: The trade between the treaty country and the United States must already exist and be substantial, accounting for more than 50% of the total trade volume.
• 3. Nature of Trade: The trade can involve goods, services, or technology.
• 4. Job Position: If employed, the E-1 visa holder must work as an executive, supervisor, or possess highly specialized skills.
• 5. Employment Limitations: The principal E visa holder cannot engage in any other employment activity.
• 6. Derivative Visas: Spouses and unmarried children under 21 years old, regardless of nationality, can receive derivative E visas to accompany the principal alien. Spouses can work, but children cannot; however, all family members can pursue full-time studies.
• 7. Visa Duration: E visas are initially issued for two years and can be extended in two-year increments indefinitely.
• 8. No Annual Limit: There is no annual quota or limit on E-1 visas.

The E-2 nonimmigrant classification allows nationals of treaty countries to enter the United States by making a substantial capital investment in a U.S. business. Certain employees of the investor or qualifying organizations may also be eligible for this visa.

Requirements for the E-2 Visa:

• 1. Treaty Country Nationality: The applicant must be a national of a treaty country.
• 2. Substantial Investment: The investment made must be sufficient to ensure the successful operation of the enterprise. The percentage of investment required varies depending on whether it is a low-cost or high-cost business enterprise.
• 3. Real Operating Commercial Enterprise: The investment must be in a functioning commercial enterprise and cannot be a speculative or passive investment. Uncommitted funds in a bank account or similar security are not considered an investment.
• 4. Non-Marginal Investment: The investment should not be marginal, meaning it must have the capacity to generate more than enough income to support the investor and their family.
• 5. Control of Funds and Risk of Loss: The applicant must have control over the invested funds and be at risk of losing the investment. This can be demonstrated through various means, such as purchasing an existing business or signing lease agreements and purchasing equipment and supplies.
• 6. Development and Direction: The applicant must hold a position in the enterprise to develop and direct its operations.
• 7. Derivative Visas: Spouses and unmarried children under 21 years old, regardless of nationality, can receive derivative E visas to accompany the principal alien. Spouses can work, but children cannot; however, all family members can pursue full-time studies.
• 8. Visa Duration: E visas are initially issued for two years and can be extended in two-year increments indefinitely.
• 9. No Annual Limit: There is no annual quota or limit on E-2 visas.

Application Procedure:

In most cases, the initial visa application is made directly to the U.S. consulate. Upon approval, the applicant will be granted admission to the United States for up to two years. Canadian citizens approved for E-2 visas are usually given a validity period of five years. The U.S. Consulate in Toronto is currently not scheduling new E-2 visa appointments, so first-time applicants must apply in Toronto and follow instructions to electronically submit their application and supporting documents.

For E visa extensions or changes of status, applicants must submit Form I-129 with the E supplement to the United States Citizenship and Immigration Services (USCIS).

Required Documentation:

When applying for an E visa, the applicant must submit the following documents, among others:

• Completed and submitted online DS-160 form.
• Completed E Visa application Form DS-156E.
• Valid passport from the treaty country.
• Applicant's statement summarizing eligibility for the E classification.
• Supporting documents for eligibility, such as:
• Evidence of the investment made in the United States.
• Legal business structure set up in the U.S. (e.g., LLC, Inc., C-Corp, etc.).
• Obtaining a Federal Employer Identification Number (FEIN).
• Opening a business bank account.
• A well-prepared business plan.
• Evidence of the substantiality of the investment.
• Evidence of the viability and non-marginality of the business.
• Evidence of the establishment of the business.
• Evidence of trade activities.

The treaty investor countries eligible for the E-2 visa are the same as those for the E-1 visa.

Please be aware that immigration laws in the United States are subject to frequent changes. The information provided on this website was accurate at the time of updating. However, to obtain the most accurate and up-to-date information, it is strongly recommended that you seek guidance from an immigration attorney or consult with the U.S. Citizenship and Immigration Services (USCIS).