Nonimmigrant Visas: Treaty Trader and Investor Required Formats

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 – Prepare a package* following the guidelines for each category below and mail it to:

U.S. Embassy Consular Section
Non-Immigrant Visa Section/ E-Visas
Boulevard du Régent/Regentlaan 25
B-1000 Brussels

*The maximum size of the package is 40 double sided pages. Oversized packages or packages not meeting the guidelines are not accepted and will be returned. Do not include brochures and photographs. Applications should be submitted in a binder, with tabs, clearly dividing sections. Do not use plastic sheathes for your documents.

Review

When the consular officer has reviewed the file (current average review time: 6 weeks), you will receive an automated email, instructing you to go back to your account onhttps://usvisa-info.com  and to schedule your visa interview appointment, or to mail us additional information regarding proof of trade or investment.  In the latter case, you or your attorney will have 30 days from our date of request to submit adequate proof. Failure to supply adequate proof of trade or investment within the 30 day time period will result in visa refusal. Please note that the consular officer will determine at the visa interview if the applicant is eligible to receive the E-visa.

How to assemble your package