E-1 and E-2 Visas - Treaty Investors/Traders

In our global economy, it is important for companies to be able to easily expand their business around the world and Grzeca Law Group is here to help.

The U.S. has various treaties with countries around the world that are meant to facilitate trade between the U.S. and its treaty partners. These treaties encourage businesses from each country to establish operations in the other and transfer essential personnel. To that end, the U.S. has established E-1 and E-2 visa classifications for "treaty-traders" and "treaty-investors."

Three general requirements must be met for a company and its owners or employees to qualify in either E-1 or E-2 classification:

1. A treaty must exist between the U.S. and the country of nationality of the E visa applicant.
2. Majority ownership or control of the investing or trading company must be held by nationals of the country in question.
3. That country's citizenship must be held by each employee or principal of the company who seeks E status under the treaty.

In addition, for an employee to qualify for the treaty-trader (E-1) classification, the employing company must be engaged in "trade." Said trade must be "substantial," "principally" between the U.S. and the treaty country, and the employee or principal must serve the company in either a managerial or executive capacity or one involving "essential skills."

The requirements for treaty-investor (E-2) classification include that the investment must be active, the investment must be substantial, the enterprise must not be marginal, and the E-2 beneficiary must seek entry into the U.S. to serve in an essential position that is intended to solely to develop, direct and manage an enterprise or investment.

One major benefit of the E-1 and E-2 visa program is that it the company's certification, as well as approval of each individual's visa classification, can be obtained directly through a U.S. Embassy or Consulate. An additional benefit of E visas is that they are not subject to the maximum validity periods found in the H-1B and L-1 classifications and may be renewed by applicants indefinitely (as long as they continue to qualify).

Finally, spouses and children under 21 can apply for the E-2 dependent classification. Spouses can apply for work authorization in the U.S.

Our firm has guided many clients through the initial process of determining a company's eligibility for E visa classification and has transferred numerous key employees to the U.S. so that they can oversee the enterprise. Clients of Grzeca Law Group appreciate the high level of support the firm provides in this detailed process.