E-1 / E-2 Visas

The following information pertains to E-1 and E-2 processing.

Effective immediately, all applicants for E visas must use the DS-160 application form (instead of the DS-156 and DS-157), which is accessible on  https://ceac.state.gov/genniv/ 

After completing the new DS-160, the applicant will electronically submit the application and be provided with a confirmation page that includes only limited biological information and a bar code.  A printout of this CONFIRMATION PAGE must be sent along with the submitted E visa package of documents.  Please note: if the online application has not been completed fully and properly the applicant’s case cannot be processed and the case will be delayed until the new DS-160 can be provided. 

The Immigration and Nationality Act provides non-immigrant visa status for a national of a country with which the United States maintains a Treaty of Commerce and Navigation who is coming to the United States for one of two purposes: to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country (E-1); or to develop and direct the operations of an enterprise in which the national has invested or is actively in the process of investing a substantial amount of capital (E-2).

Please note that neither of these visas is a substitute for an immigrant visa. Persons wishing to remain indefinitely in the United States should apply for the appropriate immigrant visa.

Requirements for Treaty Trader Visa E-1

1. The requisite treaty must exist; 

 
2. The applicant must be a national of the treaty country;

3. The trading firm for which the applicant is coming to the United States must have the nationality of the treaty country;

4. The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;

5. The trade must be principally between the United States and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the United States and the country of the applicant's nationality;

6. Trade means the international exchange of goods, services and technology. Title of the trade items must pass from one party to the other.

Requirements for Treaty Investor Visa (E-2)

1. The requisite treaty must exist;

2. The individual or business must possess the nationality of the treaty country;

3. The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;

4. The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;

5. The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;

6. The investor must have control of the funds and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed; and

7. The investor must be coming to the United States to develop and direct the enterprise.

Requirements for Employees of Both Categories Who Are Not Investors

1. Must have the same nationality as the Employer;

2. Be employed in a supervisory or executive capacity or have a highly specialized skill. Ordinary skilled and unskilled workers do not qualify.

Application Procedure

The supporting documentation for both Treaty Trader (E-1) or Treaty Investor (E-2) visas are detailed below.

Do not schedule an appointment until you have been advised that your case is ready for adjudication (see below).

New Enterprise Applications

To qualify for Treaty Trader (E-1) or Treaty Investor (E-2) status the enterprise must meet the requirements of the law for the designated category as outlined above.

Enterprise

An E visa application for an enterprise consists of a duly completed DS-160 application form which is accessible on https://ceac.state.gov/genniv/ . The form DS-156E "Non-immigrant Treaty Trader/Investor Application Form" is also required.  Note: Please substitute form DS-160 for forms DS-156 and DS-157  on the instruction sheet. 

All supporting corporate documents should be submitted in an indexed file, and include a letter of introduction to the enterprise.  The letter of introduction should summarize the requirements for the E-1 or E-2 visa as outlined above and demonstrate how the enterprise meets these requirements. The indexed file should contain all the relevant documentation in support of each of the requirements and should also include a five year business plan. 

 Investor/employee

For each principal applicant (investor or employee) applying for E-1 or E-2 status we require: Part III Applicant Form DS-156E, together with curriculum vitae, copy degrees etc. Forms DS-160, passport (legible photocopies are acceptable) and similar copies of any US visas, US entry/exit stamps and I-94’s.  A copy of any changes or extensions of status granted by USCIS (Form I-797), photograph, fee and statement of intent to depart the United States on termination of E status. For the investor, also include certificate of net worth duly authenticated.

New Employees of E status Companies

We require all the forms and information detailed above for each applicant together with a brief narrative of applicant's quality/suitability for the position and an organization chart showing the employee position in the enterprise.  Ordinary skilled and unskilled workers do not qualify.

If the company's treaty trader/investor status is about to expire all corporate documentation needs to be updated and resubmitted, this information to include latest U.S. tax returns and financial reports. Similarly if the DS156E reflects changes to information previously provided, then the relevant documentation needs to be included with the application.

Family Members

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas to accompany the principal alien. In addition to the DS160 and application fee, please submit a copy of the marriage certificate and children's birth certificates.

Working on an E Visa

As a result of a recent change in the law, spouses of E visa holders may seek employment authorization on derivative E visas. For further information, please contact the U.S. Citizenship and Immigration Services (USCIS) on your arrival in the United States.

Revalidation of E status

To revalidate E status for the enterprise we require, DS-160, DS-156E duly completed, updated corporate documentation, changes to detail on previous DS-156E must be documented. Copies of most recent U.S. tax returns and financial report, W2 (for investors with 10 employees or less) and a letter from the company summarizing performance to date and outlining future plans.

How to Submit your Application

The completed file should be mailed to the U.S. Embassy, 42 Elgin Road, Ballsbridge, Dublin 4, and marked for the attention of the Treaty Trader/Investor Unit.  Review of corporate files will take between four and six weeks; renewals for employees and new applicants up to three weeks. These time scales are approximations only, processing may be longer or shorter depending on our workload and the quality of the material submitted.

When the file has been reviewed the applicant will be contacted to schedule an appointment to come to the Embassy for a personal interview. An invitation to a visa interview does not guarantee that the visa will be issued.

U.S. Port of Entry

Applicants should be aware that a visa does not guarantee entry into the United States. The U.S. Customs and Border Protection (USCBP) has authority to deny admission. Also, the period for which the bearer of a treaty trader or investor visa is authorized to remain in the United States is determined by the USCBP, not the consular officer. At the port of entry, an USCBP official validates Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. Those persons who wish to stay beyond the time indicated on their Form I-94 must contact the U.S. Citizenship & Immigration Services (USCIS) to request Form I-539, Application to Extend Status. The decision to grant or deny a request for extension of stay is made solely by the USCIS.

Time Limits

Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.