Foreign nationals of certain countries have specific, available options to use substantial investments in new or established U.S. enterprises or substantial trade in goods with the United States as a basis for a temporary visa. The United States Department of State issues the list of “Treaty Countries”, countries with which the United States maintains a treaty of commerce and navigation.

Foreign nationals of treaty countries are eligible for these types of visas. These visas are known as “E visas” and can be strong alternatives to other temporary work visas that are maxed out in their annual quotas or aren’t applicable to the foreign national’s qualifications or intended purpose in the U.S.

Furthermore, the E-2 visa within this category can be an efficient option for foreign entrepreneurs seeking to start a new business in the United States. Visas within this category include the following:

The E-1 visa is designated for “treaty traders”. “Treaty traders” are coming to the United States solely to engage in substantial international trade between the United States and the treaty country in which they have citizenship.

The relevant law defines “trade” in this context as: “The existing international exchange of items of trade for consideration between the United States and the treaty country”, including but not limited to:

The E-2 visa is designated for “treaty investors”. These investors are nationals of a treaty country and are able invest a substantial amount of lawfully derived capital in a U.S. business. In some circumstances, the U.S. business is well-established and currently operating. Foreign entrepreneurs holding citizenship in a treaty country can use this visa to start their own businesses in the U.S. though, which is an attractive option for business owners wanting to just start a U.S. enterprise and ultimately return to their home countries.

E-2 investors must be coming to the United States to develop and direct the investment enterprise, which is shown through at least 50% ownership of the enterprise or holding operational control through a managerial position or other corporate device.

Certain rules regarding the nature of the substantial investment must be strictly followed. For example, the invested funds must be “at risk”. It is not enough that they be available in the investor’s bank accounts, or be transferred to a separate bank account for the business. The investor must show how the funds will be spent through executing leases for commercial space, purchasing equipment to operate the business, etc. Considerations align with the nature of the business. Some businesses require expansive commercial space to operate, while others do not. To be sufficiently “at risk”, the investor must clearly show partial or total loss if the investment fails.

Additionally, E-2 investors must provide the government with a comprehensive business plan that explains how the initial investment will support the development of the enterprise. The business plan must detail how the business will grow over the course of the next several years, including a financial analysis, market analysis, and hiring plan.

Similar to E-1, employees of E-2 investors or an “E-2 business” (which is at least 50% owned by nationals of the treaty country) can also use E-2 visas to temporarily work in the United States. Such employees must also be nationals of the certain treaty country and be coming to the United States to work in an executive or supervisory capacity, or at a minimum have special qualifications that make them essential to the operation of the business.

E visas are strong options for investors, entrepreneurs, and traders of treaty countries pursuing business in the United States. They are highly regulated though and can be procedurally complicated. Schedule a consultation with Attorney Allison Ahern Fillo to further discuss these options. She has the experience to answer all of your questions and assist in navigating the application process.