FAQs on E-1 and E-2 Visas

The United States offers several visa categories for business professionals, investors, and entrepreneurs, including the E-1 and E-2 visas. In this article, we cover some frequently asked questions (FAQs) about the E-1 and E-2 visas to help you better understand these two visa types.

What is an E-1 visa?

This option is for foreign nationals coming to the United States to participate in substantial trade between the United States and their country of origin. To qualify for this visa, the foreign national must be a citizen of a treaty country and be involved in executive or essential skills if they are employed by the trading company.

What is an E-2 visa?

This option is for individuals from treaty countries entering the United States to direct and develop a business in which they are an investor.

Must the trading company exist before the visa can be issued?

Yes, before an E-1 visa can be issued, the trading company must exist. An applicant must prove the existence of the company, and that a trading relationship exists between their home country and the U.S. It is a requirement that of the trading activity, over half of the total volume of international trade be between the treaty country and the United States.

Must the investment have been made before an E-2 visa can be granted?

No, an investment does not have to be made before an E-2 visa is issued. The investment can be prospective, as long as the money is irreversibly committed to the investment, dependent only upon the issuance of the visa.

What is a substantial amount of capital?

There isn’t a specific minimum or maximum amount of money defined as “substantial.” Rather, a “substantial” refers to a level of investment that reflects the investor’s financial dedication to the enterprise’s success. This amount is determined through the proportionality test, which compares the total investment with the amount needed to establish a viable business or the cost of purchasing an already-existing enterprise.

What is considered substantial trade?

Substantial trade involves a steady exchange of goods or services between the United States and the treaty nation. This means multiple transactions over time, not just one, regardless of monetary value.

How long can a treaty trader or investor stay in the U.S.?

An applicant must intend to leave the U.S. upon the conclusion of their commercial activities or once their visa status ends. However, E visas can be renewed for an indefinite period as long as a person meets eligibility requirements.

Can family members join E-1 and E-2 visa holders?

Yes. E-1 and E-2 visa holders are allowed to bring their wives/husbands and single children below the age of 21 to the United States. Spouses may be allowed to work in the U.S. after seeking the necessary authorization, but children cannot work.

Contact a New York City E Visa Lawyer

At The Law Offices of Elsa Ayoub, P.L.L.C., we have experience in navigating the E visa application process. If you have questions, concerns, or need help with applying for an E visa, contact our New York City E visa lawyers today to schedule a consultation.