The E categories are designated for foreign national engaged in international trade or investment between the United States and the foreign national’s country of nationality. The E visa is available to foreign nationals of countries that have appropriate treaty relationships with the United States. The E-1 Visa holder is a national of a treaty country that is coming to U.S to engage in trade of a substantial nature principally between United States and individual’s national country. The E-2 Visa holder is a national of a treaty country coming to the United States to develop an enterprise he or she has invested in, or in the process of investing substantial amount of capital. There are no numerical limitations on E-1/E-2 visas.
Requirements for E-1 Visa
The applicant is a national of a country with which the U.S. has the requisite treaty or agreement;
The activity constitutes trade as defined at 8 CFR 214.2(e)(9);
The trade is of a substantial nature (i.e. an amount of trade sufficient to ensure a continuous flow of international trade items between the U.S. and the treaty country);
The trade conducted by the alien is principally trade between the United States and the treaty country of which the alien is a national. Trade is deemed to be principally between the U.S. and treaty country when over 50% of the volume of international trade conducted by the treaty trader is between the U.S. and treaty country of the treaty trader’s nationality;
If the applicant is not the principal trader, he or she must be employed in an executive or supervisory capacity, or possess special qualifications that make the applicant’s services essential to the successful and efficient operation of the enterprise. Ordinary skilled or unskilled workers do not qualify.
The applicant intends to depart the U.S. upon the expiration of E-1 status.
The employee has the same nationality as the principal alien employer.
The foreign national principal employer is an enterprise or organization at least 50% owned by persons having the nationality of the treaty country.
Treaty Trader Countries:
Argentina, Australia, Austria, Belgium, Bolivia, Bosnia & Herzegovina, Brunei, Canada, China (Taiwan), Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, Korea (South), Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Yugoslavia.
Diversity Lottery
Employment-Based