What is E-1 Classification?
In order to be classified under E-1 nonimmigrant classification, a national should be a citizen of:
- A treaty country (a country with which the United States maintains a treaty of commerce and navigation
- Or, which has been deemed a qualifying country by legislation to be admitted to the United States
The purpose of this classification is to solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
What is Considered as “Trade” in the context of E-1?
Trade is the existing international exchange of items of trade for consideration between the United States and the treaty country.
Items of Trade Include But Are Not Limited To:
- Goods
- Services
- International banking
- Insurance
- Transportation
- Tourism
- Technology and its transfer
- Some news-gathering activities
Special Note on the concept of “Trade”
- Substantial trade generally refers to an amount of trade sufficient to ensure a continuous flow of international trade items between the United States and the treaty country
- The continuous flow contemplates numerous transactions over time
- However, there is no minimum requirement regarding the monetary value or volume of each transaction
- While the monetary value of transactions is a relevant factor in considering substantiality, greater weight is given to more numerous exchanges of greater value
- For smaller businesses, the income derived from the value of numerous transactions which is sufficient to support the treaty trader and their family is considered favorable
Note: General Qualifications of the Employee of a Treaty Trader Is Different From the Sole Trader.
To Qualify for E-1 Classification, the Employee of a Treaty Trader must:
- Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
- Meet the definition of “employee” under the relevant law
- Either be engaging in duties of an executive or supervisory character or if employed in a lesser capacity, have special qualifications that make the employee’s services essential to the efficient operation of the treaty enterprise
- If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country
How Long Can an E-1 Visa Holder Stay?
- Qualified treaty traders and employees will be allowed a maximum initial stay of two years
- Requests for extension of stay in, or changes of status to, E-1 classification may be granted in increments of up to two years each
- However, there is no limit to the number of extensions an E-1 nonimmigrant may be granted
- All E-1 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated
- An E-1 nonimmigrant who travels abroad may generally be granted, if determined admissible by a U.S. Customs and Border Patrol Officer , an automatic two-year period of readmission when returning to the United States
Family of E-1 Visa Holders
- Treaty traders and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age
- Their nationalities need not be the same as the treaty trader or employee
- These family members may seek E-1 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee
- If the family members are already in the United States and seeking a change of status to or extension of stay in an E-1 dependent classification, they may apply by filing a single Form I-539 with fee
- Spouses of E-1 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the E-1 spouse may work
- With very limited exceptions, dependents of E-1 principals may not apply for work authorization in the United States
What is the E-2 Classification?
To qualify for E-2 classification, the treaty investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
- Be seeking to enter the United States solely to develop and direct the investment enterprise
- This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate devices
What is Considered as “Investment” In the Context of E-2?
- Investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit
- The capital must be subject to partial or total loss if the investment fails
- The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity
Note: General Qualifications of the Employee of a Treaty Investor Is analogous to an Employee of a Treaty Trader.
How Long Can An E-2 visa Holder Stay?
Same as E-1 Visa holders.
Family of E-2 Visa Holders
- Family of E-2 Visa have the same rights and privileges as E-1 visa holders’ families
- They can stay with family and work in any job they want by filing Form I-765 with fee
List of E-1and E-2 Treaty Countries:
| Country | Classification | Entered into Force |
| Albania | E-2 | January 4, 1998 |
| Argentina | E-1 | December 20, 1854 |
| Argentina | E-2 | December 20, 1854 |
| Armenia | E-2 | March 29, 1996 |
| Australia | E-1 | December 16, 1991 |
| Australia | E-2 | December 27, 1991 |
| Austria | E-1 | May 27, 1931 |
| Austria | E-2 | May 27, 1931 |
| Azerbaijan | E-2 | August 2, 2001 |
| Bahrain | E-2 | May 30, 2001 |
| Bangladesh | E-2 | July 25, 1989 |
| Belgium | E-1 | October 3, 1963 |
| Belgium | E-2 | October 3, 1963 |
| Bolivia | E-1 | November 09, 1862 |
| Bolivia 13 | E-2 | June 6, 2001 |
| Bosnia and Herzegovina 11 | E-1 | November 15, 1982 |
| Bosnia and Herzegovina 11 | E-2 | November 15, 1982 |
| Brunei | E-1 | July 11, 1853 |
| Bulgaria | E-2 | June 2, 1954 |
| Cameroon | E-2 | April 6, 1989 |
| Canada | E-1 | January 1, 1994 |
| Canada | E-2 | January 1, 1994 |
| Chile | E-1 | January 1, 2004 |
| Chile | E-2 | January 1, 2004 |
| China (Taiwan) 1 | E-1 | November 30, 1948 |
| China (Taiwan) 1 | E-2 | November 30, 1948 |
| Colombia | E-1 | June 10, 1948 |
| Colombia | E-2 | June 10, 1948 |
| Congo (Brazzaville) | E-1 | August 13, 1994 |
| Congo (Kinshasa) | E-2 | July 28, 1989 |
| Costa Rica | E-1 | May 26, 1852 |
| Costa Rica | E-2 | May 26, 1852 |
| Croatia 11 | E-1 | November 15, 1982 |
| Croatia 11 | E-2 | November 15, 1982 |
| Czech Republic 2 | E-2 | January 1, 1993 |
| Denmark 3 | E-1 | July 30, 1961 |
| Denmark | E-2 | December 10, 2008 |
| Ecuador 14 | E-2 | May 11, 1997 |
| Egypt | E-2 | June 27, 1992 |
| Estonia | E-1 | May 22, 1926 |
| Estonia | E-2 | February 16, 1997 |
| Ethiopia | E-1 | October 8, 1953 |
| Ethiopia | E-2 | October 8, 1953 |
| Finland | E-1 | August 10, 1934 |
| Finland | E-2 | December 1, 1992 |
| France 4 | E-1 | December 21, 1960 |
| France 4 | E-2 | December 21, 1960 |
| Georgia | E-2 | August 17, 1997 |
| Germany | E-1 | July 14, 1956 |
| Germany | E-2 | July 14, 1956 |
| Greece | E-1 | October 13, 1954 |
| Grenada | E-2 | March 3, 1989 |
| Honduras | E-1 | July 19, 1928 |
| Honduras | E-2 | July 19, 1928 |
| Ireland | E-1 | September 14, 1950 |
| Ireland | E-2 | November 18, 1992 |
| Israel 15 | E-1 | April 3, 1954 |
| Israel 15 | E-2 | May 1, 2019 |
| Italy | E-1 | July 26, 1949 |
| Italy | E-2 | July 26, 1949 |
| Jamaica | E-2 | March 7, 1997 |
| Japan 5 | E-1 | October 30, 1953 |
| Japan 5 | E-2 | October 30, 1953 |
| Jordan | E-1 | December 17, 2001 |
| Jordan | E-2 | December 17, 2001 |
| Kazakhstan | E-2 | January 12, 1994 |
| Korea (South) | E-1 | November 7, 1957 |
| Korea (South) | E-2 | November 7, 1957 |
| Kosovo 11 | E-1 | November 15, 1882 |
| Kosovo 11 | E-2 | November 15, 1882 |
| Kyrgyzstan | E-2 | January 12, 1994 |
| Latvia | E-1 | July 25, 1928 |
| Latvia | E-2 | December 26, 1996 |
| Liberia | E-1 | November 21, 1939 |
| Liberia | E-2 | November 21, 1939 |
| Lithuania | E-2 | November 22, 2001 |
| Luxembourg | E-1 | March 28, 1963 |
| Luxembourg | E-2 | March 28, 1963 |
| Macedonia 11 | E-1 | November 15, 1982 |
| Macedonia 11 | E-2 | November 15, 1982 |
| Mexico | E-1 | January 1, 1994 |
| Mexico | E-2 | January 1, 1994 |
| Moldova | E-2 | November 25, 1994 |
| Mongolia | E-2 | January 1, 1997 |
| Montenegro 11 | E-1 | November 15, 1882 |
| Montenegro 11 | E-2 | November 15, 1882 |
| Morocco | E-2 | May 29, 1991 |
| Netherlands 6 | E-1 | December 5, 1957 |
| Netherlands 6 | E-2 | December 5, 1957 |
| New Zealand 16 | E1 | June 10, 2019 |
| New Zealand 16 | E2 | June 10, 2019 |
| Norway 7 | E1 | January 18, 1928 |
| Norway 7 | E2 | January 18, 1928 |
| Oman | E-1 | June 11, 1960 |
| Oman | E2 | June 11, 1960 |
| Pakistan | E-1 | February 12, 1961 |
| Pakistan | E2 | February 12, 1961 |
| Panama | E-2 | May 30, 1991 |
| Paraguay | E-1 | March 07, 1860 |
| Paraguay | E-2 | March 07, 1860 |
| Philippines | E-1 | September 6, 1955 |
| Philippines | E-2 | September 6, 1955 |
| Poland | E-1 | August 6, 1994 |
| Poland | E-2 | August 6, 1994 |
| Romania | E-2 | January 15, 1994 |
| Senegal | E-2 | October 25, 1990 |
| Serbia 11 | E-1 | November 15,1882 |
| Serbia 11 | E-2 | November 15,1882 |
| Singapore | E-1 | January 1, 2004 |
| Singapore | E-1 | January 1, 2004 |
| The Slovak Republic 2 | E-2 | January 1, 1993 |
| Slovenia 11 | E-1 | November 15, 1982 |
| Slovenia 11 | E-2 | November 15, 1982 |
| Spain 8 | E-1 | April 14, 1903 |
| Spain 8 | E-2 | April 14, 1903 |
| Sri Lanka | E-2 | May 1, 1993 |
| Suriname 9 | E-1 | February 10, 1963 |
| Suriname 9 | E-2 | February 10, 1963 |
| Sweden | E-1 | February 20, 1992 |
| Sweden | E-2 | February 20, 1992 |
| Switzerland | E-1 | November 08, 1855 |
| Switzerland | E-2 | November 08, 1855 |
| Thailand | E-1 | June 8, 1968 |
| Thailand | E-2 | June 8, 1968 |
| Togo | E-1 | February 5, 1967 |
| Togo | E-2 | February 5, 1967 |
| Trinidad & Tobago | E-2 | December 26, 1996 |
| Tunisia | E-2 | February 7, 1993 |
| Turkey | E-1 | February 15, 1933 |
| Turkey | E-2 | May 18, 1990 |
| Ukraine | E-2 | November 16, 1996 |
| The United Kingdom 10 | E-1 | July 03, 1815 |
| The United Kingdom 10 | E-2 | July 03, 1815 |
| Yugoslavia 11 | E-1 | November 15, 1882 |
| Yugoslavia 11 | E-2 | November 15, 1882 |
More details about Treaty Countries can be found here
Can I Get a Green Card from E-1 or E-2 Visa?
- There is no straight path to a green card as E-1 or E2 is predominantly a non-immigrant visa
- You have to find a family member who can sponsor you
- Explore the National Interest Waiver Program
- Invest in a larger amount of money so that you can qualify for EB5
- Start your business outside the U.S. and then you can transfer to the US after a year on the L1 visa as a manager or executive
Talk to a reliable immigration attorney to explore the E1 and E2 visa options.
Schedule a call at 469-994-9407 please contact us using the form.