The E-1 and E-2 visas provide treaty traders and treaty investors with temporary, nonimmigrant status in the United States. To qualify for an E-1/E-2 visa, the individual must be a foreign national of a country to whom the U.S. has extended treaty trader or treaty investor status. You can find the list of treaty countries here.
The E-1 visa exists for individuals who plan to enter the United States to carry on substantial trade between the U.S. and their country of nationality, whether goods, currency, or services. The E-2 visa is for individuals who plan to travel to the U.S. to develop the operations of a business enterprise in which they have already invested or are actively investing. Although the investment is not required to be cash and can take the form of equipment, inventory, or intellectual property, the investment must be substantial.
Learn more about the E-1 visa here and the E-2 visa here.
E-1 visa applicants must prove that they are engaged in substantial trade, principally between the U.S. and their country of nationality. While there is no concrete definition of “substantial trade,” the applicant will have to show that the volume, value, and frequency of the trade are sufficient to qualify for the E-1 visa. Delgado Rompf Bruen is available to assist applicants in assessing and documenting the quality and quantity of trade ahead of their E-1 applications.
E-2 visa applicants must prove that they have invested, or are actively investing, in an operating commercial enterprise. The investment must be substantial, and the source of the funds must be documented. There is no numerical value that dictates a “substantial investment,” which can create difficulties in determining whether the applicant’s investment qualifies. Delgado Rompf Bruen can help applicants review their investment in the enterprise, discern whether it is substantial, and determine which documents will sufficiently demonstrate the source of the funds.
The most important documents for E-1 applicants are those relating to their trade operations. This can include a list of countries with whom the company is engaged in trade and a transaction spreadsheet from recent months, which can be used as an example of quantity and quality of trade monthly.
The most important documents for E-2 applicants relate to their completed or ongoing investment. This could include ownership documents, bank transactions, or wire transfers.
E-1 and E-2 visa applicants should both provide documents related to the business, including a business plan, capitalization, real property ownership documents, financial statements, and tax returns. Additionally, applicants should provide information on their background and their position within the company.
If you believe you qualify for an E-1 or E-2 visa, Delgado Rompf Bruen is available for consultation here. We are also available to assist with extensions of E-1 and E-2 status.
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Elizabeth helped me file, process and ultimately successfully complete my Naturalization "journey" to become an American citizen. There were bumps on the road as the process is time-consuming, confusing (to me) and frequently frustrating... But Elizabeth (and her staff) were always responsive, clear, knowledgeable and reliable. I am today an American citizen and I would recommend her services to anyone anytime. She is great!
We contacted Martha after reaching out 3 immigration lawyers and having terrible experiences. When it comes to immigration issues it is easy to play with peoples’ hopes, Martha was fresh air. Since the first call, Martha was straightforward and realistic, she thoroughly explained the rules that applied, most common/possible outcomes in my case, time frames and the requirements I had to meet. She didn’t oversimplify things nor came up with patchwork solution (considering my level of anxiety at that time), she came up with long term solutions that would take up some time but also were attainable. Together we set...
