Treaty Traders and Treaty Investors
Overview
The Immigration and Nationality Act provides nonimmigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States 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. For a list of Treaty Countries, see below.
Requirements: Treaty Trader
- The applicant must be a national of a treaty country.
- The trading firm for which the applicant is 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 the applicant's nationality.
- Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
- The applicant 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.
Requirements: Treaty Investor
- 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 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.
- 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.
Visa Ineligibility / Waiver
The nonimmigrant visa application Form DS-156 lists classes of persons who are ineligible under U.S. law to receive visas. 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 request is approved.
Applying for the Visa
Applicants for visas should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79, with few exceptions. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on our website at Visa Wait Times, and on most embassy websites. Learn how to schedule an appointment for an interview, pay the application processing fee, review embassy specific instructions, and much more by visiting the Embassy or Consulate website where you will apply.
During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer.
Required Documentation
Required Documentation
- Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156 must be the electronic "e-form application" available by selecting Nonimmigrant Visa Application Form DS-156.
- Nonimmigrant Treaty Trader/Treaty Investor Application, Form DS-156E, completed and signed.
- A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in the passport, each person must complete a Form DS-156 application.
- One (1) 2x2 photograph. See the required photo format explained in Nonimmigrant Photograph Requirements.
- Supplemental Nonimmigrant Visa Application, Form DS-157 completed for all male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. Four countries are now designated as state sponsors of terrorism, including Cuba, Syria, Sudan, and Iran. Select Special Processing Procedures to learn more. This form provides additional information about your travel plans. You should know that a consular officer may require any nonimmigrant visa applicant to complete Form DS-157.
What are the Required Visa Fees?
- Nonimmigrant visa application processing fee - For current fees for Department of State government services select Fees.
- Visa issuance fee - Additionally, if the visa is issued, there will be an additional visa issuance reciprocity fee, if applicable. Please consult the Visa Reciprocity Tables to find out if you must pay a visa issuance reciprocity fee and what the fee amount is. If there is a fee for issuance for the visa, it is equal as nearly as possible to the fee charged to United States citizens by the applicant's country of nationality.
Additional Documentation
An applicant for a Treaty Trader (E-1) or Treaty Investor (E-2) visa must first establish that the trading enterprise or investment enterprise meets the requirements of the law, and complies with the many requirements for the E visa classification. The consular officer may provide the applicant with special forms for this purpose. The applicant can expect the consular officer to request additional documentation, to make a determination about eligibility for a treaty trader or treaty investor visa. It is impossible to specify the exact documentation required since circumstances vary greatly by applicant.
U.S. Port of Entry
A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record (Form I-94). Since Form I-94 documents your authorized stay in the U.S., it’s very important to keep in your passport. In advance of travel, prospective travelers should review important information about Admissions/Entry requirements, as well as information related to restrictions about bringing food, agricultural products or other restricted/prohibited goods explained on the Department of Homeland Security, Customs and Border Protection website. Upon arrival (at an international airport, seaport or land border crossing), you will be enrolled in the US-VISIT entry-exit program. In addition, some travelers will also need to register their entry into and their departure from the U.S. with the Special Registration program. The Department of Homeland Security, Customs and Border Protection internet site offers additional information on Admissions/Entry requirements.
Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status
- You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S. immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status.
- Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more.
- Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.
- For nonimmigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.
Additional Information
General Visa
- No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.
- Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visa in an expired passport, do not remove the visa page from the expired passport. You may use it along with a new valid passport for travel and admission to the United States.
Family Members
Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien. The spouse of an E visa holder may apply to DHS for employment authorization. Dependent children of an E visa holder are not authorized to work in the United States.
Time Limits
Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.
Further Inquiries
Questions on qualifications for various classifications and visa application procedures should be made to the American consular office abroad where the applicant intends to apply. Questions on conditions and limitations on employment should be made to the local USCIS office. Inquiries on visa cases in progress overseas should contact the appropriate U.S. Embassy or Consulate handling your case.
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
|
|
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
|
|
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
|
|
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
|
|
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
- 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.
- 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.
- Denmark - The Treaty which entered into force on July 30, 1961, does not apply to Greenland.
- France - The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.
- 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.
- Netherlands - The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.
- Norway - The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).
- Spain - The Treaty which entered into force on April 14, 1903, is applicable to all territories.
- Suriname - The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.
- 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.
- 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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