E Visas

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E visas (Treaty Traders and Treaty Investors)

A foreign national who is a citizen of a country that has a Bilateral Investment Treaty or Treaty of Friendship, Commerce or Navigation with the United States can be admitted to the United States to invest in a business or to engage in international trade under two categories of visas based on treaties: E-1 (Treaty Traders) and E-2 (Treaty Investors).

The E-1 (Treaty Trader) visa category permits foreign nationals to enter the United States to engage in substantial trade in goods, services, or technology with treaty countries. The United States enterprise for which the foreign national works must be majority-owned by treaty country nationals. The majority owners can be companies or individuals. The nationality of an enterprise is determined by the nationality of the entity owning at least 50% of the enterprise. An E-1 treaty trader must be an executive or manager or hold a job that requires skills essential to the employer.

The E-2 Treaty Investor category allows investors who are nationals of treaty countries and who invest substantial sums of money in an active business in the United States to remain in the United States to develop, direct and oversee the business. The E-2 visa is available to a foreign national who invests in services, technology, or tangible goods. Managers, executives, and essentially skilled employees from treaty countries are also admissible on E-2 visas.

Spouses and unmarried children under 21 years of age, regardless of their nationality, may receive derivative E visas to accompany the principal holder of an E visa. A spouse of an E visa holder can apply for an Employment Authorization Document after entry to the United States. Dependents of E visa holders, other than spouses, are not eligible for employment authorization based on their derivative E status

TREATY COUNTRIES

The countries listed below have agreements with the United States authorizing either (E-1) treaty trader status, (E-2) treaty investor status, or both, with the United States.

COUNTRY CLASSIFICATION ENTERED INTO FORCE

Albania E-2 01/04/1998
Argentina E-1 12/20/1854
Argentina E-2 12/20/1854
Armenia E-2 03/29/1996
Australia E-1 12/16/1991
Australia E-2 12/27/1991
Australia 13 E-3 09/02/2005
Austria E-1 05/27/1931
Austria E-2 05/27/1931
Azerbaijan E-2 08/02/1901
Bahrain E-2 05/30/1901
Bangladesh E-2 07/25/1989
Belgium E-1 10/03/1963
Belgium E-2 10/03/1963
Bolivia E-1 11/09/1862
Bolivia E-2 06/06/2001
Bosnia & Herzegovina E-1 11/15/1982
Bosnia & Herzegovina E-2 11/15/1982
Brunei E-1 07/11/1853
Bulgaria E-2 06/02/1954
Cameroon E-2 04/06/1989
Canada E-1 01/01/1993
Canada E-2 01/01/1993
Chile E-1 01/01/2004
Chile E-2 01/01/2004
Chile 12 H1B-1 01/01/2004
China (Taiwan) 1 E-1 11/30/1948
China (Taiwan) 1 E-2 11/30/1948
Colombia E-1 06/10/1948
Colombia E-2 06/10/1948
Congo (Brazzaville) E-2 08/13/1994
Congo (Kinshasa) E-2 07/28/1989
Costa Rica E-1 05/26/1852
Costa Rica E-2 05/26/1852
Croatia 11 E-1 11/15/1982
Croatia 11 E-2 11/15/1982
Czech Republic 2 E-2 01/01/1993
Denmark 3 E-1 07/30/1961
Ecuador E-2 05/11/1997
Egypt E-2 06/27/1992
Estonia E-1 05/22/1926
Estonia E-2 02/16/1997
Ethiopia E-1 10/08/1953
Ethiopia E-2 10/08/1953
Finland E-1 08/10/1934
Finland E-2 12/01/1992
France4 E-1 12/21/1960
France 4 E-2 12/21/1960
Georgia E-2 08/17/1997
Germany E-1 07/14/1956
Germany E-2 07/14/1956
Greece E-1 10/13/1954
Grenada E-2 03/03/1989
Honduras E-1 07/19/1928
Honduras E-2 07/19/1928
Iran E-1 06/16/1957
Iran E-2 06/16/1957
Ireland E-1 09/14/1950
Ireland E-2 11/18/1992
Israel E-1 04/03/1954
Italy E-1 07/26/1949
Italy E-2 07/26/1949
Jamaica E-2 03/07/1997
Japan 5 E-1 10/30/1953
Japan 5 E-2 10/30/1953
Jordan E-1 12/17/2001
Jordan E-2 12/17/2001
Kazakhstan E-2 01/12/1994
Korea (South) E-1 11/07/1957
Korea (South) E-2 11/07/1957
Kyrgyzstan E-2 01/12/1994
Latvia E-1 07/25/1928
Latvia E-2 12/26/1996
Liberia E-1 11/21/1939
Liberia E-2 11/21/1939
Lithuania E-2 11/22/2001
Luxembourg E-1 03/28/1963
Luxembourg E-2 03/28/1963
Macedonia E-1 11/15/1982
Macedonia E-2 11/15/1982
Mexico E-1 01/01/1994
Mexico E-2 01/01/1994
Moldova E-2 11/25/1994
Mongolia E-2 01/01/1997
Morocco E-2 05/29/1991
Netherlands 6 E-1 12/05/1957
Netherlands6 E-2 12/05/1957
Norway 7 E-1 01/18/1928
Norway 7 E-2 01/18/1928
Oman E-1 06/11/1960
Oman E-2 06/11/1960
Pakistan E-1 02/12/1961
Pakistan E-2 02/12/1961
Panama E-2 05/30/1991
Paraguay E-1 03/07/1860
Paraguay E-2 03/07/1860
Philippines E-1 09/06/1955
Philippines E-2 09/06/1955
Poland E-2 08/06/1994
Romania E-2 01/15/1994
Senegal E-2 10/25/1990
Singapore E-1 01/01/2004
Singapore E-2 01/01/2004
Singapore 12 H1B-1 01/01/2004
Slovak Rep 2 E-2 01/01/1993
Slovenia11 E-1 11/15/1982
Slovenia11 E-2 11/15/1982
Spain 8 E-1 04/14/1903
Spain 8 E-2 04/14/1903
Sri Lanka E-2 05/01/1993
Suriname 9 E-1 02/10/1963
Suriname 9 E-2 02/10/1963
Sweden E-1 02/20/1992
Sweden E-2 02/20/1992
Switzerland E-1 11/08/1855
Switzerland E-2 11/08/1855
Thailand E-1 06/08/1968
Thailand E-2 06/08/1968
Togo E-1 02/05/1967
Togo E-2 02/05/1967
Trinidad & Tobago E-2 12/26/1996
Tunisia E-2 02/07/1993
Turkey E-1 02/15/1933
Turkey E-2 05/18/1990
Ukraine E-2 11/16/1996
United Kingdom10 E-1 07/03/1815
United Kingdom10 E-2 07/03/1815
Yugoslavia 11 E-1 11/15/1882
Yugoslavia 11 E-2 11/15/1882

FOOTNOTES

1. China (Taiwan). Pursuant to Section 6 of the Taiwan Relations Act, Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement, which was concluded with the Taiwan authorities prior to January 1, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.
2. Czech Republic and Slovak Republic. The Treaty with the Czech and Slovak Federal Republics entered into force on December 19, 1992; it entered into force for the Czech Republic and Slovak Republic as separate states on January 1, 1993.
3. Denmark. The Convention of 1826 does not apply to the Faroe Islands of Greenland. The Treaty, which entered into force on July 30, 1961, does not apply to Greenland. U.S. Department of State Foreign Affairs Manual Volume 9 – Visas 9 FAM 41.51 Exhibit I Page 5 of 6
4. France. The Treaty, which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.
5. Japan. The Treaty, which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.
6. Netherlands. The Treaty, which entered into force on December 5, 1957, is applicable to Aruba and Netherlands Antilles.
7. Norway. The Treaty, which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).
8. Spain. The Treaty, which entered into force on April 14, 1903, is applicable to all territories.
9. Suriname. The Treaty with the Netherlands, which entered into force December 5, 1957, was made applicable to Suriname on February 10, 1963.
10. United Kingdom. The Convention, which entered into force on July 3, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to “inhabitants” of such territory. This term, as used in the Convention, means “one who resides actually and permanently in a given place, and has his domicile there.” Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.
11. Yugoslavia. The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved. The successors that formerly made up the SFRY Bosnia, Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Slovenia, Serbia and Montenegro (formally the Federal Republic of Yugoslavia) continue to be bound by the treaty in force with the SFRY at the time of dissolution.
12. January 1, 2004, also is the effective date for implementation of the immigration provisions of two new Free Trade Agreements with the countries of Chile and Singapore. Under the immigration provisions of these agreements, as approved by Congress in Public Laws 108-77 and 108-78, a new H-1B1 nonimmigrant category has been created for professionals from Chile and Singapore.
13. The E-3 visa is for nationals of the Commonwealth of Australia who wish to enter the United States to perform services in a “specialty occupation.” The term “specialty occupation” means an occupation that requires theoretical and practical application of a body of highly specialized U.S. Department of State Foreign Affairs Manual Volume 9 – Visas 9 FAM 41.51 Exhibit I Page 6 of 6 knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The definition is the same as the Immigration and Nationality Act definition of an H-1B specialty occupation.

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