E1/E2 Legal Requirements.

Treaty traders or investors, or employees of treaty traders or investors can stay and work in the United States under E-1 or E-2 visas.

To qualify for E-1 treaty trader classification, the general requirements are:

• You are a national of a country with which the United States maintains a treaty of commerce and navigation;
• You carry on substantial trade; and
• You carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.

Substantial trade generally refers to the continuous flow of sizable international trade items, involving numerous transactions over time.

To qualify for E-2 treaty investor classification, the general requirements are:

• You are a national of a country with which the United States maintains a treaty of commerce and navigation;
• You have invested, or are actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
• You are seeking to enter the United States solely to develop and direct the investment enterprise.

Employees of E-1 or E-2 holders can also work in the U.S. under the same visa category. To qualify for E-1 or E-2 classification as an employee of a treaty trader or treaty investor, the general requirements are:

• You are the same nationality as the principal alien employer (who must have the nationality of the treaty country);
• You meet the definition of “employee” under relevant law; and
• You are either engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.