E-1 and E-2 Treaty Trader and Treaty Investor Visas

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 E-1 Treaty Trader Visa

For individuals or companies from treaty countries who conduct substantial trade (goods, services, or technology) between the U.S. and their home country.

E-2 Treaty Investor Visa

For individuals from treaty countries who invest a substantial amount of capital into a U.S. business.

Both visa types are non-immigrant visas, meaning they allow you to live and work in the U.S. temporarily, but do not directly lead to a green card.

Basic Eligibility Criteria

For E-1:

• Be a citizen of a treaty country.
• The trading firm must be at least 50% owned by nationals of the treaty country.
• The trade must be substantial and principally between the U.S. and the treaty country.

For E-2:

• Be a citizen of a treaty country.
• You must be investing in a bona fide enterprise in the U.S.
• The investment must be substantial and put at risk for the purpose of generating profit.
• You must be entering the U.S. to develop and direct the business.

 Step 1: Confirm Treaty Country Status 

 Step 2: Prepare Business Documentation 

For E-1: Evidence of ongoing trade such as invoices, shipping documents, and bank records.

For E-2: Detailed investment documents like:

• Business plan
• Proof of capital invested
• Lease agreements
• Licenses or permits
• Bring all supporting documents to the interview:
• Proof of nationality
• Business documentation
• Evidence of trade or investment
• DS-160 confirmation and passport

 Step 3: Visa Issuance 

If approved, your passport will be stamped with the E-1 or E-2 visa.

You can then enter the U.S. to manage your trading or investment activity.

Duration and Renewal

Typically granted for up to 2 years, renewable indefinitely as long as you continue to meet requirements.

Spouses and unmarried children under 21 can also get visas. Spouses may apply for work authorization.

 Detailed checklist and sample structure for a business plan that aligns with E-2 visa requirements.

 This will help you (or your client) prepare a strong application.

1. Personal Documents.

Valid passport (with at least 6 months' validity)

 Proof of citizenship from a treaty country

 Resume/CV demonstrating business or management experience

2. Investment Evidence

Bank statements showing transfer of funds to the U.S.

 Escrow agreements (if applicable)

 Wire transfer records

 Purchase agreements or contracts

 Lease for commercial premises

 Equipment/inventory purchase receipts

 Proof that funds are at-risk (not idle funds or personal savings held in an account)

 3. Business Entity Documents

Articles of Incorporation/Organization

 Operating Agreement or Bylaws

 IRS EIN Letter

 Business licenses or permits

 Business bank account statements

 4. Business Plan (Detailed Below)

Must cover at least 5 years of financial projections

Include market analysis, job creation details, and operational plan

 5. Supporting Business Documents

Employee payroll records or plans to hire U.S. workers

Marketing strategy and materials

Office lease or ownership documents

Vendor and client contracts (if any)

Tax returns (if already operational)

1. Executive Summary

Brief overview of the business, investment amount, and purpose for the E-2 visa

 2. Business Description

Nature of the business

 Legal structure (LLC, Corporation, etc.)

 Location and operations

 3. Investment Details

Total amount invested

 Source of funds (with documentation)

 How funds are being used (build-out, inventory, payroll, etc.)

 4. Market Analysis

Industry overview

 Target market and demographics

 Competitive landscape

 Marketing strategy

 5. Business Model

Revenue model (how the business will make money)

 Pricing structure

 Sales and distribution channels

6. Management Team

Owner’s qualifications

7. Any key hires and their roles

8. Job Creation

How many U.S. jobs will be created (now and projected)

Timeline for hiring

9. Financial Projections

Profit & Loss (P&L) forecast – 5 years

Balance sheet forecast

Cash flow statement

Assumptions behind projections

10. Supporting Documentation

Organizational chart

 Product/service photos or brochures

 Lease agreements or contracts