E-1 Treaty Trader/E-2 Treaty Investor

Treaties between the United States and many countries allow foreign nationals to come to the United States as non-immigrants to manage substantial investments or to act as a managerial or essential employee.  For a list of the countries with which the United States has E-1 Treaty Trader and E-2 Treaty Investor Treaties, see https://travel.state.gov/content/travel /en/us-visas/visa-information-resources/fees/treaty.html.  E-1 Treaty Trader visas allow foreign nationals to come to the United States to develop and direct an enterprise that will carry on substantial trade between the United States and the home country of the visa applicant.  E-2 Treaty Investor visas allow foreign nationals to come to the United States to direct and develop the operations of a business in the United States in which the investor visa applicant or another individual with the same nationality as the Investor has made a substantial investment.

Certain employees of an enterprise which qualifies for Treaty Trader or Treaty Investor status may also be able to obtain E-1 or E-2 classification.  To qualify an employee for E-1 or E-2 status, the employer must demonstrate that:

• The employee is of the same nationality as the principal trader or principal investor who must in turn must have the nationality of a treaty country;
• The employee will be an “employee” under applicable U.S. laws; and
• The employee will be employed as an executive or supervisor or has special qualifications.

Lawful permanent residents and dual nationals with U.S. citizenship do not qualify for E-1 and E-1 nonimmigrant status.

If you would like to consult with an experienced HSPRD attorney about obtaining E-1 or E-2 status in the U.S., please contact our Firm at (312) 239-7675 or info@chicagovisalawyers.com