E TREATY TRADERS AND INVESTORS

The E1 or E2 nonimmigrant visa requires that the applicants have the same nationality as the sponsoring employer and that there is a relevant treaty between the U.S. and the country of nationality. Unfortunately, if the majority owner of the business has the same nationality as the applicant but already has a green card, the company will not qualify for E status.

For an E1 visa, the employer must be engaged in substantial trade and at least 50% of that trade must be between the treaty country and the U.S. For an E2 visa, they must have made a substantial investment in the U.S. enterprise. For the applicant to qualify he must either be an executive or manager or must prove he has skills which will be essential to the U.S. company. It is also possible for an entrepreneur to start his own company and try to qualify for E1 or E2 status.

Applicants for an E visa who are residing overseas can apply directly at an American Consulate. They do not have to await the approval of a petition by the USCIS. This option for a visa application directly at a consulate overseas is available to aliens residing in the U.S. who cannot or prefer not to file for a change of status.

With certain exceptions, most aliens who are physically present in the U.S. can apply to change their status from another valid non-immigrant status to E status. However, upon their departure from the U.S., they must apply for an E visa at a consulate overseas before they can return. The USCIS decision to grant E status is not binding on the consular determination regarding eligibility.

Spouses of E visa holders are now permitted to work in the U.S. They must first get an approval from the USCIS but the issuance of the Employment Authorization Document is almost automatic in that it does not require any job offer, job skills or education by the applicant; just proof of the marital relationship and valid "E" status. However, this permission to work is not available to children of E visa holders.

If you are interested in sponsoring an employee for E visa status or your employer is interested in sponsoring you for the E visa, please contact our immigration attorneys in NY and we will be happy to discuss this visa category with you.

Please visit the US State Department's website for the most recent list of countries we have E-1 and E-2 treaties with and for more detailed information.