Immigration Lawyer, Woburn

Treaty Traders/ Investors

The E nonimmigrant classification permits a national of a country with which the United States maintains a treaty of commerce and navigation, i.e., "treaty country," to be temporarily admitted to the United States to invest a "substantial amount" of capital in a U.S. business.  

See U.S. Department of State's Website for a current list of treaty countries.

In addition to being a national of a "treaty country," foreign treaty traders and investors must meet specific requirements to qualify for a nonimmigrant visa in the E classification.

To obtain a treaty trader visa, the USCIS must make a positive determination that:

  • A treaty exists;

  • The individual or business possess the nationality of the treaty country;

  • The activities the E-1 will engage in constitute trade;

  • The trade is substantial;

  • The trade is principally between the U.S. and the treaty country;

  • If an employee, the applicant is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the U.S.; and

  • The applicant intends to depart the U.S. when the E-1 status terminates.

To obtain an investor visa, the USCIS must make a positive determination that:

 

  • A treaty exists;

  • The individual/entity possess the nationality of the treaty country;

  • The applicant has invested or is actively investing;

  • The enterprise is a real and operating commercial enterprise;

  • The investment is substantial;

  • The investment is not marginal;

  • The applicant will "develop and direct" the business;

  • The applicant, if an employee, is an executive/supervisor or an essential employee; and

  • The applicant intends to depart the U.S. in the future.

Whether or not an investment is considered "substantial" depends on the total cost of either purchasing an established enterprise or establishing a new one. 

E-1/E-2

Consult with an Investor Visa Attorney in Woburn, MA

If you have questions about a treaty trader visa or investor visa, contact an Investor Visa Lawyer in Woburn, Massachusetts. Lally Immigration Services, LLC is located in Woburn, MA and offers free initial phone consultations.