Chicago E-1 Visa Attorneys
Are you a Treaty Trader?
The E-1 visa may be available for foreign nationals of countries that have a Treaty of Trade and Commerce with the United States in certain circumstances.
At Khalaf & Abuzir, our Chicago E-1 visa attorneys have over 30 years of experience representing employees and businesses throughout Illinois with respect to a multitude of immigration issues. We represent immigrants seeking to obtain permanent residence status in the United States through labor certifications and EB-5 investor visas, as well as non-immigrants seeking to obtain temporary work visas, including L intra-company transfer visas and E-1 and E-2 treaty trader/investor visas.
Do you need help securing a Treaty Trader visa? Call Khalaf & Abuzir at (708) 233-1122.
What Is an E Visa?
An E visa, (E-1 visa for Treaty Traders or E-2 visa for Treaty Investors) is a non-immigrant visa category issued by the United States to foreign nationals who are engaging in international trade or investment activities within the U.S. It allows individuals from treaty countries to enter the U.S. to conduct substantial trade or invest a significant amount of capital in a U.S. business. E-1 visa and E-2 visa holders can live and work in the U.S. to develop and direct their trade or investment enterprises. Typically granted for an initial period of two years, E visas can be extended, offering a flexible option for business-related entry into the U.S.
Types of E Visas
The E visa category encompasses three main types: E-1 visa, E-2 visa, and E-3 visa, each serving purposes for business and trade-related activities in the United States.
E-1 Visa (Treaty Trader)
The E-1 visa, or Treaty Trader visa, is for nationals of countries with which the U.S. has a treaty of commerce and navigation. It allows individuals or employees of qualifying organizations to enter the U.S. for the purpose of conducting substantial trade. This trade must principally be between the U.S. and the treaty country. Eligible trade includes goods, services, international banking, insurance, transportation, tourism, and technology exchange.
E-2 Visa (Treaty Investor)
Designed for nationals of treaty countries who are investing a substantial amount of capital in a U.S. business, the E-2 visa permits the investor and his or her employees to develop and direct the investment enterprise. The investment must be substantial, sufficient to ensure the successful operation of the business, and must generate more than just marginal profits.
E-3 Visa (Specialty Occupation Workers From Australia)
The E-3 visa is exclusive to Australian nationals and is intended for those coming to the U.S. to work in a specialty occupation. A specialty occupation requires theoretical and practical application of a body of specialized knowledge and a bachelor’s degree or higher in the specific field.
Each of these visas offers a practical and flexible route for businesspersons and investors to engage in economic activities in the U.S.
How to Qualify for an E-1 Visa, E-2 Visa, or E-3 Visa
To qualify for an E visa, applicants must meet criteria that vary depending on the type of E visa they are seeking—E-1 (Treaty Trader), E-2 (Treaty Investor), or E-3 (Specialty Occupation Workers from Australia).
E-1 Visa (Treaty Trader) Requirements
- Nationality: The applicant must be a national of a country with which the U.S. has a treaty of commerce and navigation.
- Substantial Trade: The trading activities must be substantial, meaning there should be a sizable and continuous flow of goods, services, or technology.
- Principal Trade: More than 50% of the trade must be between the U.S. and the treaty country.
- Executive or Supervisory Position: The applicant should be in an executive or supervisory role, or possess skills essential to the enterprise’s operation.
E-2 Visa (Treaty Investor) Requirements
- Nationality: The applicant must be a national of a treaty country.
- Investment: There must be a significant investment in a bona fide enterprise in the U.S. The investment should be substantial enough to ensure the successful operation of the enterprise.
- At Risk: The investment funds must be at risk, meaning they are committed and subject to partial or total loss if the business fails.
- Controlling Interest: The investor must have at least 50% ownership or control of the enterprise.
- Marginal Enterprise: The investment must generate more than marginal income, providing significant economic impact beyond just supporting the investor and his or her family.
E-3 Visa (Specialty Occupation Workers From Australia)Requirements
- Nationality: The applicant must be an Australian national.
- Specialty Occupation: The position in the U.S. must require specialized knowledge and a bachelor’s degree or higher in the field.
- Job Offer: The applicant must have a legitimate offer of employment in the U.S.
- Credentials: The applicant must possess the necessary academic or other qualifying credentials.
General Requirements
For all E visas, applicants must demonstrate intent to depart the U.S. once their E status ends. They must also provide evidence supporting their qualifications and the legitimacy of their trade, investment, or employment. Each E visa type requires documentation, such as business plans, financial statements, employment contracts, and proof of nationality. Meeting these criteria ensures eligibility for an E visa, facilitating entry into the U.S. for business purposes.
How Do I Extend My E-1Visa, E-2 Visa, or E-3 Visa?
To extend your E visa, you must file a Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) before your current visa expires. Include supporting documentation that demonstrates continued eligibility for the E visa category, such as updated business plans, financial records, and employment details. Ensure that your trade or investment activities remain substantial and that you meet all other criteria. For E-2 investors, show that the business continues to operate and generate income beyond a marginal level. If approved, your extension allows you to remain in the U.S. for additional periods, typically up to two years at a time.
FAQs About E-1 Visas and E-2 Visas in the United States
How Much Money Is Required for an E-2 Visa in the United States?
There is no fixed amount, but the investment must be substantial, typically at least $100,000 to $200,000, depending on the business’s nature and size. The investment should be sufficient to ensure the successful operation of the enterprise and cover startup and operational costs.
How Long Are E-1 Visas Valid?
E-1 visas are generally valid for up to two years per entry. They can be renewed or extended indefinitely, provided the visa holder continues to meet the eligibility criteria and the business activities remain consistent with the visa’s purpose. Extensions require reapplication before the current visa expires.
Can an E-2 Visa Holder Get a Social Security Number?
An E-2 visa holder can obtain a Social Security Number (SSN). He or she needs to apply at a Social Security Administration office with valid identification, proof of visa status, and evidence of employment or business activities in the U.S. The SSN is required for tax and other purposes.
