Employment-based Nonimmigrant Visas

Treaty Traders and Investors (E-1 and E-2 Visas)

An alien may hold status as an E-2 nonimmigrant treaty investor if the alien (1) has invested or is actively in the process of investing a substantial amount of capital in a genuine enterprise in the US, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living; (2) is seeking entry solely to develop and direct the enterprise; and (3) intends to depart the US upon the expiration or termination of E-2 treaty investor status.

An alien may become an E-1 nonimmigrant treaty trader if the alien (1) will be in the US solely to carry on substantial, international trade, either on the alien’s behalf or as an employee of a foreign person or organization engaged in trade principally between the US and the treaty country of which the alien is a national, and (2) intends to depart the US upon the expiration or termination of treaty trader (E-1) status.

Also, in order to obtain status as an E-1 treaty trader or E-2 treaty investor, the alien must show (1) a treaty between the United States and the country of which the treaty enterprise is a “national”; (2) at least 50% ownership of the investing enterprise by nationals of the treaty country; and (3) citizenship in the treaty country by principal alien investors and employees of the enterprise seeking admission through the treaty enterprise.

An alien may also serve as an employee of a treaty investor or treaty trader if the employee is in or is coming to the United States to engage in duties of an executive or supervisory character, or, if employed in a lesser capacity, the employee has special qualifications that make the alien’s services essential to the efficient

Treaty trader and treaty investor visa applicants must submit documentation based on their unique circumstances. Attorney Monique Kornfeld will ensure traders and investors meet the requirements of US law. Call 617-323-5049.