Investors and Traders: General Qualifications for E Visas

The E visa classification is only available to nationals of a country where a Treaty of Friendship, Commerce and Navigation or a Bilateral Investment Treaty exists between the country and the United States. There are two types of E visas available: E-1 for Treaty Traders and E-2 for Treaty Investors.

E visas are issued to either individual investors/traders or to employees of companies operating in the United States that are majority owned by a foreign company or group of individuals. Majority ownership is defined as “at least fifty percent of the shares” of the company. E visa applicants must be of the same nationality as the majority owner(s) of the U.S. company. For example, only Japanese citizens qualify for E visa status for a majority Japanese owned company or subsidiary.

Only individuals that will be employed as executives, managers or personnel with specialized or essential skills and/or knowledge of the company’s products, marketing strategies, international system of operations, or other knowledge not readily available in the U.S. job market qualify for E visas.

All E visa applicants must intend to depart the U.S. upon the expiration of E visa status. However, an E visa holder may extend status in the U.S. E visas may only be renewed outside the U.S.

If an E visa holder applies for U.S. lawful permanent residence, the E visa holder may continue to seek extension of E status in the United States as well as E visa reissuance.