The E visa is a non-immigrant visa category that allows nationals of certain countries to enter the U.S. based on treaties between their home countries and the U.S. to promote commerce and navigation. There are two types of E visas: E-1 and E-2. Each E visa is discussed below:

An E-1 Visa is a Treaty Trader Visa, and the trader applicant and/or the U.S. sponsoring entity must conduct substantial trade between the U.S. and the applicant’s country. Substantial trade is defined as more than 50% of the international trade occurring between the U.S. and the applicant’s country.

Key features of the E-1 Visa:

• Eligibility: Applicant must be a national of a treaty country. Nationals of the treaty country must own at least 50 percent of the business.

• Immigration Status: Temporary, non-immigrant status. Must demonstrate intent to depart the U.S. at the end of the E-1 stay.

• Trade requirement: Business transactions or trade to involve goods, services, and technology. Trade must be international in nature and conducted primarily between the U.S. and the treaty country. These transactions must be “substantial”, comprising more than 50 percent of the international trade involved.

• Purpose of E-1: The applicant must be coming to the U.S. solely to engage in substantial trade. If the applicant is an employee, then the applicant must serve in an executive/managerial position or possess skills that are essential to the U.S. operations.

• Period of validity: E-1 visa holder is authorized to stay in the U.S. for 2 year periods. Length of the E-1 visa stamp may vary depending on the treaty country. Visa renewals may be possible as long as the U.S. trade business continues to be conducted primarily between the U.S. and the treaty country (comprising more than 50 percent of the international trade), and employs U.S. workers.

The E-2 visa is a temporary, non-immigrant work visa that allows foreign investors and entrepreneurs from treaty countries to invest a substantial amount of capital in a new or existing business and to enter the U.S. to operate the business.

Key features of the E-2 Visa:

• Eligibility: Applicant must be a national of a treaty country. The Applicant may be the principal investor, executive, manager or essential skills employee of the U.S. investment enterprise. The U.S. entity must be owned at least 50% by nationals of the same treaty country.

• Immigration Status: Temporary, non-immigrant status. The principal investor or employee must intend to depart the U.S. at the end of the E-2 stay.

• Investment: The investment in the new U.S. business must involve a substantial amount of capital in a real operating commercial business that will provide a significant economic benefit to the U.S. economy.

  The investor or business owner must provide proof of legitimate source of funds that are being used for the U.S. investment. The primary investor must have control of the funds invested in the business entity, and the investment must be at risk in the commercial sense – meaning it has already been spent or irrevocably committed to the business.

• Business must be real and operating: The principal investor must come to the U.S. solely for the purpose of developing and directing the new investment business into a profitable enterprise. The investment must not be marginal (not solely for earning a living for the investor and his/her family).

• Employees of E-2 Enterprise: If the applicant is not the principal investor, he or she must be employed by the U.S. investment business in the capacity of an executive, a manager or an essential worker.

• Period of validity: E-2 visa holder is authorized to stay in the U.S. for 2 year periods. Length of the E-2 visa stamp and the number of authorized entries to the U.S. may vary depending on the treaty country. Visa renewals may be possible as long as the investment business continues to employ full-time workers and is profitable.