To obtain E-1 Visa, an individual must be a national of a country with which the United States maintains a treaty of commerce and navigation. The list of these countries, which are classified as treaty traders, can be found at U.S. Department of State`s website.
The individual must carry out substantial trade between the United States and the country of his or her nationality. Although there is no minimum requirement regarding the monetary value or volume of each transaction, substantial trade requires numerous transactions over time.
Spouses and unmarried children who are under 21 years of age may be included in the visa application. Spouses might be allowed to work in the United States.
To obtain E-2 Visa, an individual must be a national of a country with which the United States maintains a treaty of commerce and navigation. The list of these countries, which are classified as treaty investors, can be found at U.S. Department of State`s website.
The individual must invest substantial amount of capital in a bona fide enterprise in the United States and enter the United States solely to direct the enterprise. It is necessary to show that the capital has been generated through legal means and will generate more than enough income to provide a living for the individual and his or her family. A proportionality test is used to determine the substantiality of the investment. The test weighs the amount invested against either the total value of the enterprise or the amount normally considered necessary to establish a viable enterprise of the nature contemplated.
Spouses and unmarried children who are under 21 years of age may be included in the visa application. Spouses might be allowed to work in the United States.
To qualify for E-1 or E-2 classification as an employee of a treaty trader or treaty investor, you should be the same nationality as the principal individual (who must have the nationality of the treaty country) and either engage in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.