Nonimmigrant Visas: Treaty Trader and Investor

Nonimmigrant Visas: Treaty Trader and Investor Required Formats

5 MINUTE READ

April 8, 2022

Treaty Trader visas (E-1) and Treaty Investor visas (E-2) are nonimmigrant visas for citizens of countries with which the United States maintains a treaty of commerce and navigation (9 FAM 402.9-10). The applicant must be coming to the United States to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country (E-1); or to develop and direct the operations of an enterprise in which the applicant has invested or is in the process of investing a substantial amount of capital (E-2).

The Treaty Trader and Treaty Investor visas were established to facilitate and enhance economic interaction between the United States and other treaty countries. They were not intended to serve as a means for foreigners to retire or merely reside in the United States. U.S. law (see paragraph 101(a)(15)(E) of the Immigration and Nationality Act) explicitly states that E-1 visa holders must enter “solely to carry on substantial trade” and E-2 holders “solely to develop and direct the operations of an enterprise” in which he or she has invested. Moreover, these visas are nonimmigrant visas and thus temporary. Treaty trader/investor visas can be renewed or extended only if the investment or trade continues to meet all applicable requirements of U.S. immigration laws and regulations. Persons wishing to remain indefinitely in the United States should apply for the appropriate immigrant visa.

How To Apply

Step 1 – Complete the online visa application form DS-160 per person.

Step 2 – Go to the Visa Appointment Service Website

Create an account
Pay the MRV application fee(s), one payment for each applicant and

Step 3 – Submit your E-file electronically using one of the required formats below. Please submit one single PDF file with a clickable table of contents and with a maximum of 50 pages (excluding the G-28 form). You can e-mail the application file for E-visas to the following e-mail address: BrusselsEvisas@state.gov

When the consular officer has reviewed the file you will receive an automated email, instructing you to go back to your account on https://usvisa-info.com and to schedule your visa interview appointment, or to mail us additional information regarding proof of trade or investment. The consular officer will determine at the visa interview if the applicant is eligible to receive the E-visa.

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