E Visas: Foreign Traders

E-1 Treaty Trader
E-2 Treaty Investor

This visa allows foreign nationals or employees of foreign companies to trade or make substantial investments in the United States. These visas can be renewed indefinitely, provided the business conduct continues. We are thoroughly experienced in the development of business and financial plans to meet the laws’ definition of “substantial” and maximize the success in visa issuance/renewal.

The E Visa application process

Although there are no cap limitations associated with the E-1 (Treaty Trader) and E-2 (Treaty Investor) visas, the E Visa application process and requirements are complicated. Our lawyers can guide you through the process successfully, help you to form a business entity and structure it, in ways that protect your investment. We also assist in maintaining compliance with U.S. immigration requirements so that visa renewals are easier to obtain.

Foreign nationals from countries that have qualifying trade and investment treaties with the United States may apply for an E-1 or E-2 non-immigrant visa if: a) They plan to engage in or carry on substantial trade with the United States (treaty trader); or b) They have made or plan to make a substantial investment in an operating U.S. business (treaty investor) including a new entity solely established by and for them.

“Substantial” Nature of Trade or Investment

The art of a successful E visa is a business plan that expresses the “substantial” nature of trade or investment to meet the criteria of the statute. We have the expertise and experience in drafting successful plans wherein “substantial” can be achieved, for far less commitment than most people believe. Our plans meet the viability test of substantial based on sound, legitimate business theory.

At Teplen Law Group, PLLC, we provide all of the advice, planning and assistance needed for foreign nationals to obtain E-1 or E-2 visas. We have very high success rates and provide additional immigration services to help bring employees and family members to the United States on E visas. To learn more — call our New York City offices at 212-401-4040 or contact us online.

Stay Indefinitely, Stay Permanently

Although they are “technically” non-immigrant visas granted for up to five years initially and renewed at two-year periods thereafter, in reality the E-1 and E-2 visas allow treaty traders and treaty investors to stay in the United States on an indefinite basis, so long as the underlying activity continues.

For so long as the “substantial” trade continues or the investment stays in place extension renewals can be made every two years. Under certain conditions, E-1 and E-2 visas are also considered “dual intent” visas. Should you choose to do so, our experienced attorneys will guide you through the process to becoming a lawful permanent resident, while retaining your non-immigrant status under the E-1 or E-2.

E Visas for Executives, Managers and Essential Workers

Once an E-1 or E-2 visa has been obtained by a principal applicant, it is possible to obtain E visas on behalf of executives, managers and essential workers for the “treaty trader” or investor’s U.S. business operations. In fact, lawyers at our firm routinely help qualified employees of E-1 and E-2 visa holders to successfully complete the visa application process through U.S. consulates abroad.

E Visas for Dependents: Spouses and Children

Spouses of E-1 or E-2 visa holders and children under the age of 21 may also qualify for E visas. Under these visas, children are allowed to attend school in the United States and spouses, once here, may obtain work authorization.

Guiding the Way to America Since 1983

To get started, call our offices in New York City at 212-401-4040 or reach us Toll-Free in the U.S. at 800-244-5266. You can also contact us online.


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