E1 and E2 Visa Plans
The E category is designed for use by business owners, business managers, and employees who are required to stay in the United States for prolonged periods of time to oversee or work for an enterprise that is engaged in trade between the U.S. and a foreign country (E-1) or that represents a substantial investment in the United States (E-2).
The E category exists to give effect to various treaties between the United States and foreign states which provide for reciprocal benefits to nationals of each country who conduct trade between the two countries or who invest in the other country.
An individual who obtains E-status is granted an initial period of two years to remain in the United States. However, this period can be extended almost indefinitely so long as the E status holder declares that he or she will depart the United States when the period of authorized stay, including any unlimited extensions, terminates.
Business Plan Documentation
What we have shown below is the documentation needed to create an E2 plan. So that it is clear how we can help make this easier on you, we have divided this section into two parts: Information that we need from you and information that we can help you complete.
The Part We Need Help With
- Full legal name and full contact information of the petitioner
- Copy of passport
- Full legal name and full contact information of United States Company
- Main address of business/place of business into which you will be making the investment (or the same information for a new enterprise)
- Description of the business, planned or existing
- Documented source of the funding for the enterprise
- A statement of the investment amount and how it is to be used
- Asset purchase and sale agreements
- Binding escrow agreement, if applicable
- Lease or property acquisition documents, if applicable
- Federal tax identification number for United States Company
- Latest Federal tax return, if available
- Articles of incorporation, partnership agreement, and relevant local, state, and federal licenses as applicable to your business.
- Curriculum vitae
The part we can help with
- Business goals and objectives
- Complete set of five-year financials
Projected return on investment
Cash flow summary
- Cost of employee wages and job descriptions
- All market research
- Target market identification
E1 Nonimmigrant Classification
The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
If the treaty trader is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-1 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf. E1 Treaty Trader Qualifications here.
E2 Nonimmigrant Classification
The E2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. The E-2 classification is authorized for a foreign national who is coming to the United States solely to direct and develop the operations of an enterprise in which the individual has invested or is actively involved in the process of investing a substantial amount of capital. The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and it must be subject to loss if the investment fails.
If the foreign national is already inside the United States, the individual must submit Form I-129, Petition for Non-immigrant Worker, to USCIS to request a change of status or an extension of stay. If the foreign national is outside of the United States, the individual must apply for an E-2 visa at a U.S. consular office abroad. Read more about the E2 Treaty Investor Qualifications here.