E-1 and E-2 Visas

Roxana V. Muro is a knowledgeable immigration attorney with years of experience. Contact the Law Offices of Roxana V. Muro at 909-297-1860 with any immigration issues you may have.

What is an E-1 or E-2 Visa?

There are several different types of visas a person may apply to gain entry and stay in the United States. E-1 and E-2 visas are work visas for treaty traders or employers, and treaty investors. Treaty traders or employers are people who engage in international trade for themselves. Treaty investors are individuals who invest a significant amount of money in U.S. businesses. In order to get an E-1 or E-2 visa, the applicant must be from a country that maintains a commerce treaty with the United States.

E-1 and E-2 visas are granted for up to 2 years and can be extended with unlimited two or 5-year extensions. The L Visa can be extended for up to seven years. Spouse and children of the employee may also enter the United States with the E-1 or E-2 visa. Spouses and children are tied to the E-1 or E-2 visa holder, and their visas will extend or end with the E-1 or E-2 visa holder’s status.

How do I qualify for an E-1 or E-2 Visa?

In order to qualify for an E-1 visa, a person must:

• Be a national of a country with has a treaty of commerce and navigation with the United States
• Carry on substantial trade. Substantial trade means a continuous flow of sizable goods. Trade can include goods, international banking, technology, tourism, etc.
• Carry on principal trade between the United States and their home country. This requires that 50% of a person’s trade be between the United States and their home country.

If an employee of a company doing trade, the person must:

• Be the same nationality as their employer
• Meet the definition of employee under the relevant law
• Be employed in an executive or managerial capacity.

In order to qualify for an E-2 visa, a person must:

• Be a national of the country which the United States maintains a treaty of commerce or navigation
• Have invested or in the process of investing a significant amount of capital in U.S. companies
• Be seeking to enter the U.S. solely to develop and direct their investments.