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Los Angeles County Attorney

Visas for Treaty Traders and Treaty Investors

Overview

The Treaty Trader (E-1) or Treaty Investor (E-2) visa is for a national of a country with which the United States (U.S.) maintains a treaty of commerce and navigation who is coming to the U.S. to carry on substantial trade, including 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 the national has invested, or is in the process of investing a substantial amount of capital, under the provisions of the Immigration and Nationality Act.

See below for a list of participating countries.

Requirements:

  • Treaty investor applicants must meet specific requirements to qualify for a treaty investor (E-2) visa under immigration law. The consular officer will determine whether a treaty investor applicant qualifies for a visa.
  • The investor, 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 U.S.
  • 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.
  • 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.

Spouse and Children

  • Your spouse and unmarried children under age 21 may apply for E visas to accompany or join you to reside temporarily. Effective immediately, U.S. embassies and consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses.

Required Documentation

Each applicant for a treaty trader (E-1) visa must submit these forms and documentation, as explained below.

  • Nonimmigrant Treaty Investor Application packet completed and signed with all supporting documents; listed on separate attachment.
  • A passport valid for travel to the U.S. and with a validity date at least six months.
  • One (1) 2x2 passport like photograph.
  • Additional Documentation May Be Required
  • Treaty Trader (E-1) or Treaty Investor (E-2) visa applicants must establish that the trading enterprise or investment enterprise meets the requirements of the law and complies with the many requirements for the E visa category. The consular officer may provide you with special forms to complete for this purpose. You should expect that the consular officer will request additional documentation to determine your eligibility for a treaty trader or treaty investor visa. It is impossible to specify the exact documentation required since circumstances vary greatly by applicant.

Treaty Countries

Country

Classification

Effective Date

Albania

E-2

January 4, 1998

Argentina

E-1

October 20, 1994

Argentina

E-2

October 20, 1994

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

E-2

June 6, 2001

Bosnia and Herzegovina 11

E-1

November 15, 1882

Bosnia and Herzegovina 11

E-2

November 15, 1882

Brunei

E-1

July 11, 1853

Bulgaria

E-2

June 2, 1994

Cameroon

E-2

April 6, 1989

Canada

E-1

January 1, 1993

Canada

E-2

January 1, 1993

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, 1848

Colombia

E-2

June 10, 1848

Congo (Brazzaville)

E-2

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, 1882

Croatia 11

E-2

November 15, 1882

Czech Republic 2

E-2

January 1, 1993

Denmark 3

E-1

July 30, 1961

Denmark

E-2

December 10, 2008

Ecuador

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

Iran

E-1

June 16, 1957

Iran

E-2

June 16, 1957

Ireland

E-1

September 14, 1950

Ireland

E-2

November 18, 1992

Israel

E-1

April 3, 1954

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, the Former Yugoslav Republic of (FRY)

E-1

November 15, 1882

Macedonia, the Former Yugoslav Republic of (FRY)

E-2

November 15, 1882

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

Norway 7

E-1

January 18, 1928

Norway 7

E-2

January 18, 1928

Oman

E-1

June 11, 1960

Oman

E-2

June 11, 1960

Pakistan

E-1

February 12, 1961

Pakistan

E-2

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

Serbia 11

E-1

November 15,1882

Serbia 11

E-2

November 15,1882

Senegal

E-2

October 25, 1990

Singapore

E-1

January 1, 2004

Singapore

E-2

January 1, 2004

Slovak Republic 2

E-2

January 1, 1993

Slovenia 11

E-1

November 15, 1882

Slovenia 11

E-2

November 15, 1882

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

United Kingdom 10

E-1

July 03, 1815

United Kingdom 10

E-2

July 03, 1815

Yugoslavia 11

E-1

November 15, 1882

Yugoslavia 11

E-2

November 15, 1882

Country Specific Footnotes

  1. China (Taiwan) - Pursuant to Section 6 of the Taiwan Relations Act, (TRA) Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement which was concluded with the Taiwan authorities prior to January 01, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.
  2. Czech Repubilc and Slovak Republic - The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.
  3. Denmark - The Treaty which entered into force on July 30, 1961, does not apply to Greenland.
  4. France - The Treaty which entered into force on December 21, 1960, applies only to mainland France and the overseas departments and territories of Martinique, Guadeloupe, French Guiana and Reunion.
  5. Japan - The Treaty which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.
  6. Netherlands - The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.
  7. Norway - The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).
  8. Spain - The Treaty which entered into force on April 14, 1903, is applicable to all territories.
  9. Suriname - The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.
  10. United Kingdom - The Convention which entered into force on July 03, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to "inhabitants" of such territory. This term, as used in the Convention, means "one who resides actually and permanently in a given place, and has his domicile there." Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.
  11. Yugoslavia - The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Slovenia, and the Federal Republic of Yugoslavia continue to be bound by the treaty in force with the SFRY and the time of dissolution.

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