US E-2 treaty investor visa (and E-1 treaty trader)

Only nationals of countries listed in the State Department’s Foreign Affairs Manual qualify. The list includes, for example, Germany (since 1956), Austria (1931), Switzerland (1855), France (1960), Spain, Mexico and Canada for both E-1 and E-2, and Türkiye for E-1 since 15 February 1933 and E-2 since 18 May 1990; some countries qualify for only one of the two. The investor and at least 50% of the enterprise’s ownership must have the nationality of the same treaty country, and employees of a qualifying enterprise who share its nationality can also obtain E visas if they are executives, supervisors or essential staff.

The investment must be substantial in proportion to the cost of buying or establishing the business, be committed and at risk, and go into a real, operating commercial enterprise, not a passive investment such as land or shares. The enterprise must not be marginal: it needs the present or future capacity to generate more than a minimal living for the investor and family, typically shown with a 5-year business plan. You must come to develop and direct the business.

E-1 traders must carry on substantial, continuous international trade in goods, services or technology, more than half of it between the United States and the treaty country. You document it with an itemised list of shipments together with invoices, packing lists, bills of lading and customs documents.

Complete a DS-160 for each applicant; the principal applicant also submits Form DS-156E and a signed statement of intent to depart when the status ends. After you book the appointment through the official appointment system, the U.S. embassy or consulate asks for the document package with the business plan, ownership and investment evidence in the format it specifies. Do not send documents before you are instructed.

Spouses and unmarried children under 21 can accompany you whatever their nationality; spouses are authorised to work. Admission is usually granted for up to 2 years at a time and can be extended or renewed as long as the enterprise continues to qualify. The visa fee is $315 per person.