E- Visa & Status
The E-visa & status is codified in INA §101(a)(15)(E), 8 U.S.C. §1101(a)(l5)(E); 8 C.F.R. §214.2(e).
There are two types of E visas the E-1 (treaty trader visa) and the E-2 (treaty investor visa).
Those who wish to obtain an E-visa must:
- Enter the U.S. for indefinite time.
- Based upon treaty of friendship, commerce and navigation or Bilateral Investment Treaty or other arrangements (NAFTA-Canada and Mexico) between U.S. and country of which s/he is a national.
- Must be entering:
- Solely to carry out substantial trade which is international in scope principally between U.S. and the foreign state of which s/he is a national (E-1 treaty trader), or
- Solely to develop and direct the operations of an enterprise in which the alien has invested, or is actively in the process of investing a substantial amount of capital in a bona fide enterprise (E-2 treaty investor). Some countries may have only E-1 treaties or E-2 treaties. Some have both. 9 FAM 41.51, Exhibit 1; Appendix A, infra, or
- As a key employee from treaty country of either E-1 or E-2, including executives and supervisors or persons whose services are “essential to the efficient operation of the enterprise.” 8 C.F.R. §214.2(e)(3), or
- As a principal employer who is: (a) a person with nationality of treaty country whether in or outside U.S.; or (b) an enterprise or organization that is 50% or more owned by treaty nationals, or
- A dependent of one of the above referenced persons.
- Current number of U.S. employees and contractors; projected future positions
- Proof of funds invested to date (copies of checks, transfers, etc.)
- Proof of bank account opened for U.S. company (bank statements, transactions, etc.)
- Occupational licenses and other related permits
- Tax ID numbers, income tax forms, etc.
- Contracts/receipts from vendors
- I-9’s, W-2’s, and copies of checks issued for wages and salaries for employees
- Copies of share certificates showing ownership of corporations
- Complete copies of articles of incorporation for U.S. and foreign companies
- Copy of passport (biographic pages and all visa stamps) and I-94 card
- Social security number
- Photographs of foreign corporation, employees, etc.
- Substantial investment in the United States leading to the creation of U.S. jobs
- Business plan outlining future investment scheme
- Approval by the U.S. consul