How to Fulfill the E-1 and E-2 Visa Requirements

The E-1 and E-2 visa requirements are a bit complex. The class of persons most concerned with fulfilling them are business persons or key employees that wish to stay in the United States for a while for business purposes.

However, these visas aren’t available to everyone. They are part of the “E” class of visas. This class is only open to nationals of countries that have a Treaty of Trade and Commerce with the United States. However, it is not necessary for you to be resident in your country.

The E-1 Visa

This visa is also called a treaty trader visa. To qualify for this visa, you need to be coming into the United States on behalf of a trading firm. You also need to satisfy the following conditions.

• If you are trying to get into the United States to oversee trade of a firm, the firm must have the nationality of your country.
• The international trade must be substantial. This means that it’s volume must be quite large and continuing
• At least 50% of the trade must be between the United States and your country.
• You must also be employed in a supervisory or executive capacity in the firm.

The E-2 Visa

This visa is also called a Treaty Investor visa. To qualify for this visa, you need to be an investor looking to start a new business in the United States or buy an existing one. The other conditions are:

• Your investment must be substantial. It must be large enough to ensure the successful operation of the business.
• The investment must not be idle or speculative as in the case of stocks. It must be a real operating business.
• The investment must create enough income to provide a comfortable living for you and your family or a significant impact on the United States’ economy.
• Your investment must be large enough to be at risk if the business fails.
• You must be coming to the United States to direct and develop the business.

Application: The E-1 and E-2 Visa Requirements

You can submit your application for either visa to the United States Embassy or Consulate in your country.

If you are applying for an E-1 of E-2 visa, you need

• Online Non-immigrant Visa Electronic Application, Form DS-160.
• Non-immigrant Treaty Trader/Treaty Investor Application, Form DS-156E, completed and signed.
• A passport valid for travel to the United States. It must be valid for at least six months beyond your intended period of stay in the U.S. If more than one person is included in the passport, each person must complete a Form DS-160 application.
• One (1) 2×2 photograph.

You will also need to show that your trade or investment enterprise complies with all the conditions shown earlier.

Additional Information

The I-129 petition may take up to six months to process. The DS-160 is dependent on how busy the consulate in your home country is. You would be invited for an interview after your application. The interview could come a few weeks or months after.