- /
E-1 & E-2 Treaty Trader And Investor Visas
Tatiana Aristova, Esq. (Admitted in PA, NJ)
Member of American Immigration Lawyers Association (AILA)REQUEST A CONSULTATIONThe E-1 and E-2 visas let nationals of countries that maintain a treaty of commerce and navigation with the United States live and work here based on trade or investment. They are powerful, renewable options for entrepreneurs, business owners, and key employees — but they turn entirely on how the trade or investment is structured and documented.
Tatiana S. Aristova, Esq. brings over 25 years of business-immigration experience and an NYU MBA to E-visa cases, building the kind of clear, well-supported business case that consular officers and USCIS expect to see.
Whether you are launching a U.S. enterprise, expanding an existing business, or transferring a key employee, Ms. Aristova will help you confirm treaty eligibility, structure the investment or trade, and prepare a petition designed to succeed.
Who Qualifies For An E-1 or E-2 Visa?
The E-1 Treaty Trader and E-2 Treaty Investor visas are available to nationals of countries that maintain a qualifying treaty of commerce and navigation with the United States. Both require a genuine business tie to that treaty country — through trade for the E-1, or investment for the E-2.
E-1 — Treaty Trader
For nationals of a treaty country engaged in substantial international trade with the United States:
- 01You (or the business) are a national of a country with a qualifying treaty of commerce with the U.S.
- 02The enterprise is at least 50% owned by nationals of the treaty country
- 03There is substantial trade — a sizable, continuous volume of transactions
- 04More than 50% of the international trade is conducted between the U.S. and the treaty country
- 05You are coming to develop and direct the trade, or serve in an essential/supervisory capacity
E-2 — Treaty Investor
For nationals of a treaty country investing substantial capital in a U.S. business:
- 01You are a national of a country with a qualifying treaty of investment with the U.S.
- 02You have invested, or are actively investing, a substantial amount of capital
- 03The funds are at-risk and committed to a real, operating (bona fide) enterprise
- 04The investment is not marginal — it generates more than minimal living for you and your family
- 05You will develop and direct the enterprise, typically through at least 50% ownership or operational control
E-1 vs. E-2 — Trade Or Investment?
Both visas are built on a treaty relationship and offer renewable status, but one is driven by trade and the other by investment. Here's how they compare side by side.
| E-1 Treaty Trader | E-2 Treaty Investor | |
|---|---|---|
| Who it's for | Entrepreneurs and key employees engaged in substantial trade with the U.S. | Entrepreneurs and key employees investing substantial capital in a U.S. business. |
| Core requirement | Substantial, continuous trade in goods, services, or technology. | A substantial, at-risk capital investment in a bona fide enterprise. |
| Treaty country tie | Trader and enterprise must be nationals of the treaty country. | Investor must be a national of the treaty country. |
| Key test | More than 50% of trade flows between the U.S. and the treaty country. | Investment must be substantial and not marginal. |
| Ownership / control | Enterprise at least 50% owned by treaty-country nationals. | Investor develops and directs, usually via 50%+ ownership or control. |
| Duration | Issued for up to 2 years per stay, renewable indefinitely while qualifying. | Issued for up to 2 years per stay, renewable indefinitely while qualifying. |
The E-Visa Process, Step By Step
Treaty & Eligibility Review
We confirm your nationality qualifies under a current treaty and assess whether your trade or investment can meet the legal standard.
Structure The Trade Or Investment
We help structure ownership, capital flow, and documentation so the enterprise clearly satisfies the E-1 or E-2 requirements.
Build The Business Case
We assemble a comprehensive E-visa package — business plan, financials, proof of trade or at-risk investment, and supporting evidence.
File The Application
We file Form DS-160 and the DS-156E for consular processing abroad, or Form I-129 to change or extend status from within the U.S.
Interview & Approval
We prepare you for the consular interview or USCIS adjudication, then plan ahead for renewals and any dependents' E visas.
Testimonials