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E1 Treaty Trader and E2 Treaty Investors

Nationals, certain national employees, or qualifying organizations of a country of which the United States currently maintains a treaty of commerce and navigation may be admitted to the United States under a E-1 or E-2 nonimmigrant classification. E-1 classification visas are for individuals looking to solely engage in international trade on their own behalf. E-2 classification visas are for individuals looking to invest a substantial amount of capital into a U.S. business.

E-1 and E-2 applicants have the option to apply be for their spouses and any unmarried children under 21 years of age to accompany them. Spouses have the option to file for work authorization and once approved may work where ever they please in the U.S.

One may apply for E-1 or E-2 classification if they meet certain qualifications. E-1 classification requires for the treaty trader to carry on substantial trade and principal trade between the U.S. and the qualifying country of the E-1 classification.  E-2 classification requires the treaty trader to have invested, or be currently investing, a required level of capital in a U.S. bona fide enterprise. E-2 traders must also have the intention to enter the U.S. on the premises of developing and directing the investment enterprise. ​

​E-1 and E-2 applicants are granted a maximum 2-year period of stay in the U.S. Extensions are available if the applicant maintains the intention to depart the United States once their current status expires or is terminated. There is no limit to the number of extensions granted and they are granted in increments of two years.

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​"The USCIS stated that fee increases will be introduced in order to recover costs for their services and to maintain 'adequate' service. However, many have said that current service levels are inadequate. Despite US Congress authorizing USCIS processing timelines as part of the American Competitiveness of the 21st Century Act of 2000 (AC21), 16 years later USCIS fails to meet the standards set by law on a consistent basis....

For US visa applications using Form I-140, used for EB-1EB-2 and EB-3 employment-based immigration visas, fees will also rise by 42 percent, while for visa applications using Form I-526, which is needed for an EB5 immigrant investor visa creating at least 10 jobs for US workers, will rise by a staggering 145 percent."

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