The E1 Treaty Trader:
Nationals of qualifying Treaty countries who undertake a significant amount of international trade with the United States my qualify for this type of visa. The volume of such trade must be sufficient to justify the trader or his/her employee(s) being in the United States to manage the trade, and must constitute the majority of the trader's international trade (i.e. at least 50% of the Trader's exports/imports must be to/from the USA). There is no set minimum level of trade which is considered sufficient, but obviously the lower the volume of trade the less likely one is to qualify as a Treaty Trader.
Nationals of qualifying countries may apply for an E1 visa in order to 'Develop and Direct' import/export trade (of goods or services) between their own country and the US. They may also apply for E1 visas for key managerial and specialist employees. Unlike the L1 visa, there is no requirement for such employees to have worked for the Trader for at least one year in the last three.
E1 visa registration applications center on the volume of trade between the USA and the Treaty country. The prospective Treaty Trader must demonstrate that:
The E2 Treaty Investor:
Nationals of qualifying Treaty countries who have made a significant investment in the United States may qualify for E2 Treaty Investor status. Like the E1 visa, there is no set minimum level of investment which may qualify for E2 status, but the lower the investment the less likely one is to qualify. Again, the level of investment must be sufficient to justify the treaty national (or his/her employees) presence in the United States. The investment must be in an operating business – i.e. simply buying property or stocks and bonds does not qualify. Also, a substantial part of the investment must have been made before applying for E2 status.
Investors from qualifying countries may apply for an E2 visa in order to 'Direct and Develop' their investment. They may also apply for E2 visas for key managerial and specialist employees. In contrast to the L1 visa, there is no requirement that such employees have worked for the Investor for at least one year in the last three, nor is it necessary for the Investor to continue operations outside the USA while the Investor or his/her employees are in the USA.
E2 visa registration applications should demonstrate that:
E1/E2 Visa Employees
Once the principal applicant has obtained registration as a Treaty Trader/Investor, it is a relatively straightforward task to obtain E visas for qualifying employees. Two types of employee qualify for E visas:
Executives & Managers:
Executives and Managers should be going to develop and direct the trade or investment of the principal investor/trader in the USA. Such personnel should be able to demonstrate their executive or managerial pedigree, though there is no requirement that they have worked for the principal trader or investor for at least one year, as there is with the L1 visa. Generally, a resume and supporting letter from the principal is all the evidence required.
Specialist or Essential Skilled Workers:
Visas for this type of employee are somewhat more difficult to obtain. One must demonstrate that:
Also E-visa employees must be of the same nationality as the principal investor. Dependents of E-visa workers are also issued E visas.