Treaty
Traders, Investors and Family (E-1, E-2)
The Immigration and Nationality Act provides
nonimmigrant visa status for a national
of a country with which the United States
maintains a treaty of commerce and navigation
who is coming to the United States to carry
on substantial trade, including trade in
services or technology, principally between
the United States and the treaty country,
or to develop and direct the operations
of an enterprise in which the national
has invested, or is in the process of investing
a substantial amount of capital.
Requirements: Treaty Trader
- The applicant must be a national
of a treaty country;
- The trading firm for which the applicant
is coming to the U. S. must have the
nationality of the treaty country;
-
The international trade must be "substantial" in
the sense that there is a sizable and
continuing volume of trade;
- The trade must be principally between the
U.S. and the treaty country, which
is defined to mean that more than 50 percent of the
international trade involved must be
between the U.S. and the country of the applicant's
nationality;
- Trade means the international exchange
of goods, services, and technology.
Title of the trade items must pass from one party
to the other; and
- The applicant must be employed in a supervisory
or executive capacity, or possess highly
specialized skills essential to the
efficient operation of the firm. Ordinary skilled
or unskilled workers do not qualify.
Requirements: Treaty Investor
- The investor, either a real
or corporate person, must be a national
of
a treaty country;
- The investment must be substantial. It
must be sufficient to ensure the successful
operation of the enterprise. The percentage
of investment for a low-cost business
enterprise must be higher than the percentage of investment
in a high-cost enterprise;
- The investment must be a real operating
enterprise. Speculative or idle investment
does not qualify. Uncommitted funds
in a bank account or similar security are
not considered an investment;
- The investment may not be marginal. It
must generate significantly more income
than just to provide a living to the
investor and family, or it must have a significant
economic impact in the United States;
- The investor must have control of the funds,
and the investment must be at risk
in the commercial sense. Loans secured with the
assets of the investment enterprise
are not allowed; and
- The investor must be coming to the U.S.
to develop and direct the enterprise.
If the applicant is not the principal investor,
he or she must be employed in a supervisory,
executive, or highly specialized skill
capacity. Ordinary skilled and unskilled
workers do not qualify.
