As quoted or based on information provided by the US Department of State and/or the USCIS. Updated 2007-05-23

The Immigration and Nationality Act provides nonimmigrant 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 to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital.

Requirements for a Treaty Trader Visa

• The applicant must be a national of a treaty country;
• The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country;
• The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;
• The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;
• Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other; and
• The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

Requirements for a Treaty Investor Visa

• The investor, either a real or corporate person, must be a national of a treaty country;
• 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;
• 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;
• 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;
• 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
• The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Visa Ineligibility/Waiver

The nonimmigrant visa application Form DS-156 lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a treaty trader or treaty investor, may apply for a waiver of ineligibility and be issued a visa if the waiver request is approved.

How to Apply for the E Visa

Processing Procedures for Treaty Trader (E1) and Investor (E2) Visas

All Treaty Trader (E1) and Investor (E2) visa applicants must appear for a personal interview at the American Consulate General in Frankfurt.

Companies applying for E1 or E2 Treaty Trader or Investor status for the first time or with less than 25 employees and renewing their registration, should initially mail in their application package to the Consulate. Consular staff will contact the company or applicant when the package has been reviewed and will arrange an interview appointment suitable to both parties.

Companies already registered with the Consulate in Frankfurt and with more than 25 employees may schedule an appointment through our Visa information Service without sending documents in advance.

No Guarantee of Entry

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

Spouses and Children of E Visa Holders

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien. Spouses of E visa holders are now authorized to work in the United States.

E Visa Time Limits

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