These are two similar nonimmigrant visas for nationals of a country with which the United States maintains a treaty of commerce and navigation. You must be coming to the U.S. to carry on substantial trade (which may include trade in services or technology) principally between the U.S. and the treaty country, or to develop and direct the operations of an enterprise in which you have invested, or are in the process of investing, a substantial amount of capital.

 Am I Eligible?

Treaty Trader

• You must be a national of a treaty country;
• The trading firm for which you are 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 your 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
• You 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.

Treaty Investor

• The investor (you), 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.

How Do I Apply?

You should generally apply at the U.S. Embassy or Consulate with jurisdiction over your place of permanent residence. Although you may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside your country of permanent residence.

Documentation
Each applicant for the visa must pay a nonrefundable US$45 application fee and submit:

1. Application Form DS-156 and DS-156E, completed and signed. Forms are also available without charge at all U.S. consular offices;
   
   
2. A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;
   
   
3. One photograph 1 and 1/2 inches square (37x37 mm) for each applicant, showing full face, without head covering, against a light background.

Additional Requirements
As an applicant for a Treaty Trader (E-1) or Treaty Investor (E-2) visa, you must first establish that the trading enterprise or investment enterprise meets the requirements of the law. The consular officer will provide you with special forms for this purpose. You may also be asked to provide evidence that your stay in the U.S. will be temporary. It is impossible to specify the exact form the evidence should take since circumstances vary greatly.

Visa Ineligibility / Waiver
There are categories of persons ineligible to receive visas under U.S. law. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a treaty trader or treaty investor, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved. If you are found to be ineligible, the consular officer will advise you of any waivers.

Bringing Family Members

Your spouse and unmarried, minor children under 21 years of age, regardless of nationality, may accompany you in derivative status, but they are unable to accept employment in the United States. Derivative status means that their visas will be dependent on your nonimmigrant status. If you change your status, your family must change their status. If you lose your status, your family will also lose their status.

Time Limits

You may reside in the U.S. as long as you continue to maintain your status with the enterprise.

Admission through a U.S. Port of Entry

You should be aware that a visa does not guarantee entry into the United States. A visa is issued by a Department of State Consular Office abroad, but a separate U.S. agency, the U.S. Citizenship and Immigration Services (USCIS), has authority to deny admission at the port of entry. Also, the period for which you are authorized to remain in the U.S. is determined by the USCIS, not the Department of State Consular Office. At the port of entry, an USCIS official must authorize your admission to the U.S. At that time, the USCIS official will provide you with a stamped Form I-94 (Record of Arrival-Departure), which notes how long you are permitted to stay in the U.S. If you wish to stay beyond the time indicated on your Form I-94, your employer must file Form I-129 with the USCIS (and your accompanying spouse and child must complete Form I-539). The decision to grant or deny a request for extension of stay is made solely by the USCIS.  For more information, see:

• Inspection Process for U.S. Entry
• Obtaining an Arrival-Departure Record (I-94)
• Length of Stay is Determined by Your I-94 Arrival-Departure Record -- NOT Your Visa
• Extending My Stay in the U.S.
• Revalidating Visas in the U.S.

HELP!

• For assistance in your country, contact the nearest U.S. Consulate.  
  
  
• For inquiries on visa cases in progress overseas, contact the appropriate U.S. Embassy or Consulate handling your case.
  
  
• For assistance within the U.S., contact the State Department's Visa Office at 202-663-1225. You may also email a general inquiry to usvisa@state.gov. Be sure to indicate the general subject of your inquiry on the subject line (e.g., treaty trader visa), and do not expect an immediate reply. You may also write to:

  U.S. Department of State
  Visa Services
  Washington, DC 20520-0113

• In the U.S., you may also contact your nearest USCIS District office or Sub Office or call the national USCIS toll-free information service at 1-800-375-5283.



• You may also want to seek the advice of an immigration attorney.
  
  
  

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