E Visas for Traders and Investors

Many nonimmigrants may file an application for an E visa if they are entering the United States to carry on a trade or develop an enterprise. E visas are granted based on international treaties between the United States and a foreign country.

E-1 visa status is granted to a person that enters the United States to engage in “substantial trade in goods and services.” In effect, “substantial trade” means that there is continuous trade between a visa applicant’s country and the United States pursuant to an international treaty. A person may engage in trade for himself or on a behalf of an employer.

E-2 visa status is granted to a person that enters the United States, making a “substantial investment.” The applicant must place some capital in risk in order for the investment to constitute an “investment.” A similar employment based category, EB-5, exists for foreign nationals making substantial investments. Unlike the EB-5 category, however, E-2 status does not require the applicant to make any specific investment. Although the investment amount may be scrutinized by the U.S. State Department, there is no specific amount the applicant must invest.

Significantly, treaty traders and investors along with their families may obtain employment authorization.