E- Visa & Status

The E-visa & status is codified in INA §101(a)(15)(E), 8 U.S.C. §1101(a)(l5)(E); 8 C.F.R. §214.2(e).

There are two types of E visas the E-1 (treaty trader visa) and the E-2 (treaty investor visa).

Those who wish to obtain an E-visa must:

1. Enter the  U.S. for indefinite time.
2. Based upon treaty of friendship, commerce and navigation or Bilateral Investment Treaty or other arrangements (NAFTA-Canada and Mexico) between U.S. and country of which s/he is a national.
3. Must be entering:
   1. Solely to carry out substantial trade which is international in scope principally between U.S. and the foreign state of which s/he is a national (E-1 treaty trader), or
   2. Solely to develop and direct the operations of an enterprise in which the alien has invested, or is actively in the process of investing a substantial amount of capital in a bona fide enterprise (E-2 treaty investor). Some countries may have only E-1 treaties or E-2 treaties. Some have both. 9 FAM 41.51, Exhibit 1; Appendix A, infra, or
   3. As a key employee from treaty country of either E-1 or E-2, including executives and supervisors or persons whose services are “essential to the efficient operation of the enterprise.” 8 C.F.R. §214.2(e)(3), or
   4. As a principal employer who is: (a) a person with nationality of treaty country whether in or outside U.S.; or (b) an enterprise or organization that is 50% or more owned by treaty nationals, or
   5. A dependent of one of the above referenced persons.