1. How do I qualify for an E-1 Treaty Trader Visa or an E-2 Treaty Investor Visa?

To qualify for an E-1 Treaty Trader Visa or an E-2 Treaty Investor Visa, you must meet certain criteria established by the United States Department of State. Specifically, you must be a citizen of a treaty country, possess a substantial amount of trade or investment activity between your home country and the United States, and be able to demonstrate that the purpose of your stay in the United States is to engage in such trade or investment activity. Additionally, you must show that you have the necessary skills to manage the business or investment enterprise in the United States.

2. What documents do I need to submit in order to obtain an E-1 or E-2 visa?

In order to obtain an E-1 or E-2 visa, you will need to submit the following documents:

1. Your passport, valid for at least 6 months beyond your intended stay in the US;

2. A nonimmigrant visa application form (Form DS-160);

3. A photograph taken within the last 6 months;

4. Evidence of sufficient funds to support yourself during your stay in the US;

5. Evidence of a treaty of commerce and navigation or a Bilateral Investment Treaty between the US and your home country;

6. Evidence of your qualifications for the position;

7. Evidence of the purpose of your trip and evidence of your intention to depart the US upon completion of your stay; and

8. Any other documentation requested by the US embassy or consulate.

3. How long is the processing period for an E-1 or E-2 visa application?

The processing period for an E-1 or E-2 visa application varies depending on the individual’s situation. Generally, the processing period is between 4-6 months. However, it can take longer if there are any complications or issues with the application.

4. 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 used for a person coming to the U.S. to carry on substantial trade, primarily between the U.S. and the foreign country of which the person is a citizen or national. An E-2 Treaty Investor Visa is used for a person coming to the U.S. to direct and develop the operations of an enterprise in which he or she has invested, or is in the process of investing, a substantial amount of capital.

5. How long can I stay in the US with an E-1 or E-2 visa?

Generally, E-1 and E-2 visas are granted for up to two years initially. After that, extensions may be granted in two-year increments.

6. Are spouses and dependents of treaty traders and investors eligible for E-1 or E-2 visas?

Yes, spouses and dependents of treaty traders and investors are eligible for E-1 or E-2 visas. They must apply for the visa as a derivative of the primary applicant’s status in the United States. Spouses and dependents of an E-1 or E-2 visa holder are eligible to apply for an Employment Authorization Document (EAD), allowing them to work in the United States.

7. Can I change my status to an E-2 Treaty Investor Visa if I am currently on a B-1/B-2 tourist visa?

Yes, this is possible. You will need to apply for the E-2 visa through your local US embassy or consulate, submitting the necessary documentation to support your application.

8. Can I be employed in the US with an E-1 or E-2 visa?

Yes, you can be employed in the United States with an E-1 or E-2 visa. However, you must be employed in a job related to the activities of your treaty country and not in any type of employment not related to it. Additionally, the employer must be either a U.S. citizen or a qualified treaty investor or trader.

9. Can I study in the US while on an E-1 or E-2 visa?

Yes, you may study in the US while on an E-1 or E-2 visa, as long as you are attending a school approved by the US Department of Homeland Security SEVP. You must also maintain your nonimmigrant status while attending school, meaning that you must not violate the terms of your stay in the US.

10. Do I need to renew my E-1 or E-2 visa each year?

No, you do not need to renew your E-1 or E-2 visa each year. However, you are required to renew your status with United States Citizenship and Immigration Services (USCIS) annually, and in some cases, you may need to obtain a new visa if your passport expires or if you wish to travel outside of the United States and then re-enter.

11. Can my family join me in the US if I have an E-1 or E-2 visa?

Yes, your family may join you in the US if you have an E-1 or E-2 visa. Your spouse and unmarried children under the age of 21 may be eligible for derivative visas. Your spouse may apply for work authorization, allowing them to work in the US.

12. Is there a minimum investment amount required to qualify for an E-2 visa?

No, there is no minimum investment amount required to qualify for an E-2 visa. However, the level of investment must be sufficient to provide a living for the investor and his or her family, as well as to cover the operational costs of the business.

13. Are there any special requirements for applicants from certain countries to obtain an E-1 or E-2 visa?

Yes. Applicants from certain countries may have additional requirements to obtain an E-1 or E-2 visa. For example, applicants from Mexico must demonstrate that they have an “effective and controlling ownership” in the trade enterprise or investing enterprise for which they are requesting the visa. Applicants from Brazil and Israel must show that they have a substantial investment in the trade enterprise or investing enterprise that is greater than the minimal investment required. Additionally, applicants from some countries may need to apply for a national interest waiver in order to be eligible for the E-1 or E-2 visa.

14. Are there any restrictions on the type of business activities that can be conducted while on an E-1 or E-2 visa?

Yes, there are certain restrictions on the types of business activities that can be conducted while on an E-1 or E-2 visa. These restrictions are outlined in the relevant treaty between the U.S. and the home country of the visa holder. Generally, the business activities must be related to trade, investment or services that are conducted between the U.S. and the home country of the visa holder, and must involve substantial trade or investment.

15. What is the maximum number of employees that can be hired at a company owned by a treaty trader or investor?

The maximum number of employees that can be hired at a company owned by a treaty trader or investor depends on the terms of the treaty between the investor’s home country and the United States. Generally, there is no limit as to how many employees can be hired, provided that the company is engaging in business activities related to the treaty trader or investor’s enterprise.

16. Is financial assistance available for companies owned by treaty traders or investors?

Yes, financial assistance may be available for companies owned by treaty traders or investors. Depending on the type of business, sources of financial assistance can include grants, loans, venture capital, and tax incentives. Additionally, some countries offer special programs specifically aimed at providing support to treaty traders and investors.

17. Can I enter the US multiple times with an E-1 or E-2 visa?

Yes, you can enter the US multiple times with an E-1 or E-2 visa as long as you have not violated the terms of your visa and your visa remains valid.

18. What tax obligations do treaty traders and investors have while in the US?

Treaty traders and investors are generally subject to the same US federal income tax obligations as US citizens and residents. Any income earned from a US business is subject to taxation in the US, although treaty traders and investors may be eligible for certain tax treaty benefits. Additionally, treaty traders and investors may be liable for self-employment taxes depending on their particular situation.

19. Is it possible to apply for Permanent Residence (green card) while on an E-1 or E-2 visa?

Yes, it is possible to apply for Permanent Residence (green card) while on an E-1 or E-2 visa. The process is called “dual intent” and allows applicants to pursue permanent residency while maintaining their current non-immigrant status. The individual must submit the appropriate paperwork and receive approval from USCIS before they can be eligible to adjust their status from an E-1 or E-2 visa to a green card.

20. Can my family stay in the US with me if I am granted an extension of my status on an E-1 or E-2 visa?

Yes, your family may stay in the US with you if you are granted an extension of your E-1 or E-2 visa status. Family members who are eligible to receive dependent visas will be able to apply for an extension of their status at the same time as you.