Visa Options for Treaty Traders and Investors

1. How can I apply for a Treaty Trader or Investor Visa?


You must apply for a Treaty Trader/Investor visa (E-1 or E-2) through U.S. Citizenship and Immigration Services (USCIS). The application process includes completing the Form I-129, Petition for Nonimmigrant Worker, and submitting the required supporting documents. You may also be required to appear for an interview with a consular officer at the U.S. embassy or consulate. For more information about the application process, please visit the USCIS website at www.uscis.gov.

2. What types of Treaty Trader or Investor Visas are there?


Treaty Trader (E-1) visas and Treaty Investor (E-2) visas are two types of nonimmigrant visas available to citizens of countries with which the United States has a treaty of commerce and navigation. To be eligible for either of these visas, individuals must be a national of a treaty country, must have invested, or be actively in the process of investing a substantial amount of capital in a U.S. business, must be coming to the U.S. to develop and direct the investment enterprise, and must have the same nationality as the business.

3. What is the difference between an E-1 Treaty Trader Visa and an E-2 Treaty Investor Visa?


An E-1 Treaty Trader Visa is specifically for people engaging in international trade between the United States and the treaty country, while an E-2 Treaty Investor Visa is specifically for people investing a “substantial” amount of capital into a U.S. business. Although the two visas both require a treaty between the countries, the requirements and benefits of each visa are different and applicants must meet each visa’s specific criteria to qualify.

4. What are the eligibility requirements for a Treaty Trader or Investor Visa?


The eligibility requirements for a Treaty Trader or Investor Visa are as follows:

1. The individual must be a citizen of a country that has a treaty of trade and commerce with the United States.

2. The individual must be coming to the U.S. to carry on substantial trade or conduct substantial international investment activity with the U.S.

3. The individual must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S.

4. The individual must have control of the funds invested and/or be involved in its operations.

5. The investment must generate more than enough income to provide a living to the investor and his/her family members in the U.S.

5. What financial requirements must I meet to qualify for a Treaty Trader or Investor Visa?


A Treaty Trader or Investor Visa requires applicants to demonstrate sufficient financial resources to carry out substantial trade or investment activities in the United States. The Department of State has not specified a dollar amount for this, but they have suggested that individuals should demonstrate assets of at least $50,000 plus additional capital to cover costs associated with the trade or investment activities in the US. Applicants should also demonstrate a solid business plan and expected profits from the trade or investment activities.

6. What documents must I provide when applying for a Treaty Trader or Investor Visa?


When applying for a Treaty Trader or Investor Visa, you will need to provide the following documents:
* A valid passport;
* A completed Form DS-160, Nonimmigrant Visa Electronic Application;
* A passport-sized photo;
* Evidence that you plan to engage in substantial trade or investment activity between the United States and the country of which you are a citizen or national;
* Evidence of your business’s international trade or investment activities;
* Letters of support from customers and/or suppliers;
* Evidence of the amount of capital being invested in the U.S. business.

7. How long is a Treaty Trader or Investor Visa valid for?


The Treaty Trader (E-1) or Treaty Investor (E-2) visa is valid for up to two years, and can be extended in two-year increments.

8. Can I work in the US with a Treaty Trader or Investor Visa?


Yes, you can work in the US with a Treaty Trader or Investor Visa. This type of visa is very similar to the L-1 visa, and it is designed specifically for individuals from certain countries with which the United States has treaties of commerce and navigation. The requirements for this type of visa are similar to those for an L-1 visa. As long as the applicant is engaged in substantial international trade or investing activities, they can obtain a Treaty Trader or Investor Visa.

9. Are there any special restrictions associated with a Treaty Trader or Investor Visa?


Yes, there are several restrictions associated with a Treaty Trader or Investor Visa. The most common restrictions include: the visa holder must maintain substantial financial interest in the business, the visa holder must be involved in the day-to-day operations of the business, and the visa holder must not abandon his/her residence in the U.S. Additionally, the visa holder must not engage in any activity prohibited by the treaty of commerce and navigation between his/her home country and the United States.

10. Can I bring my family members to the US on a Treaty Trader or Investor Visa?


No, you cannot bring family members to the US on a Treaty Trader or Investor visa. This type of visa is for foreign investors and traders who are engaged in substantial international trade or investment activities between the US and their home country. Your family members may be eligible to apply for other types of visas, including visitor visas or student visas.

11. Can the duration of stay be extended on a Treaty Trader or Investor Visa?


Yes, the duration of stay can be extended on a Treaty Trader or Investor Visa. The duration of stay depends on the specific purpose of each visit. It is best to consult with a qualified immigration attorney for more information on this topic.

12. Is it possible to convert my current visa status to a Treaty Trader or Investor Visa status?


It is possible, however, it requires filing Form I-129 and supporting evidence. The application process can be lengthy and requires that you meet specific eligibility criteria. It is important to consult with an experienced immigration attorney to determine if this is the right option for you.

13. What benefits do I get from maintaining a Treaty Trader or Investor Visa status?


While maintaining your Treaty Trader or Investor status, you will remain eligible for the same rights and privileges as other U.S. nonimmigrant visa holders. This includes permission to travel to, from, and within the U.S., permission to work in the United States, and permission to bring dependents with you to the U.S. in certain circumstances. Additionally, if you are a treaty investor, you may be eligible to apply for permanent residence in the U.S. You may also receive certain other benefits such as tax credits for job creation or investment, access to business opportunities, and other advantages.

14. Are there any requirements to maintain lawful status while in the US with a Treaty Trader or Investor Visa?


Yes. While in the US with a Treaty Trader or Investor visa, individuals must maintain a valid passport, keep their business in good standing, make sure their visa and I-94 are up to date, and report any changes in their address or occupation to US Citizenship and Immigration Services (USCIS).

15. Is it possible to travel outside the US while on a Treaty Trader or Investor Visa?


Yes, it is possible to travel outside the US while on a Treaty Trader or Investor Visa. However, those who wish to do so must apply for a Re-entry Permit from the U.S. Citizenship and Immigration Services (USCIS). This permit will allow the holder to remain outside the United States for an extended period of time and still maintain their visa status. It is important to note that the permit does not guarantee admission back into the United States.

16. Can I change employers while on a Treaty Trader or Investor Visa?


Yes, you can change employers while on a Treaty Trader or Investor Visa. You must follow the normal application process to obtain approval from USCIS.

17. What is the application fee for a Treaty Trader or Investor Visa?


The application fee for a Treaty Trader or Investor Visa is $205.

18. Can I apply for permanent residency while on a Treaty Trader or Investor Visa?


Yes, you may apply for permanent residency while on a Treaty Trader or Investor Visa. However, before you are eligible to apply, you must meet certain requirements, including having been physically present in the United States for at least two years on a valid visa status. Additionally, you must also demonstrate that you have engaged in substantial trade or invested in the United States.

19. Are there any special considerations for citizens of certain countries when applying for a Treaty Trader or Investor Visa?


Yes, citizens of certain countries may have special considerations when applying for a Treaty Trader or Investor Visa. For example, citizens of Mexico may be eligible for special consideration under the North American Free Trade Agreement (NAFTA). Under the NAFTA, citizens of Mexico may be eligible for a TN visa, which is a nonimmigrant visa that grants temporary entry into the United States for those engaging in trade between the U.S., Canada, and Mexico. Additionally, citizens of certain countries such as Australia may be eligible to apply for an E-2 Treaty Investor visa. This visa is specifically designed for investors who are from countries that have a treaty of commerce and navigation with the U.S.

20. Are there any waivers available for the financial requirements when applying for a Treaty Trader or Investor Visa?


No, there are no waivers available for the financial requirements when applying for a Treaty Trader or Investor Visa. However, applicants may be able to provide additional evidence of their financial resources and ability to support themselves while in the United States.