1. A treaty exist between the U.S. and the foreign country;
2. Majority ownership or control of the investing or trading company is held by nationals of the foreign country;
3. The foreign country citizenship is held by each employee or principal of the company who seeks E status under the treaty.

• As of 10/1/95, the USA has treaties or other agreements which make both E-1s and E-2s available with the following countries:
  Argentina; Ethiopia; Liberia; Slovenia; Australia; Finland; Luxemburg; Spain; Austria; France; Macedonia; Suriname; Belgium; Germany; Mexico; Sweden; Bosnia; Honduras; Netherlands; Switzerland; Canada; Iran; Norway; Thailand; China (Taiwan); Ireland; Oman; Togo; Columbia; Italy; Pakistan; Turkey; Costa Rica; Japan; Paraquay; United Kingdom; Croatia; Korea; Philippines

• Some countries have agreements with the USA which only allow for E-1 visas:
  Bolivia; Denmark; Greece; Latvia; Brunei; Estonia; Israel

• Some countries have agreements with the USA which only allow for E-2 visas:
  Bangladesh; Egypt; Panama; Sri Lanka; Bulagaria; Grenada; Poland; Tunisia; Cameroon; Kazakhstan; Romania; Zaire; Congo; Kyrgyzstan; Senegal; Czech Rep.; Morocco; Slovakia

• If a national or entity of one of the above-listed countries desires to enter the USA as a Treaty Trader or Treaty Investor, then they may qualify for an E-1 or E-2 visa. The E-1 and E-2 visas can be available to individuals and businesses who wish to come to the USA to carry out international trade and/or to invest. To qualify for an E-1 visa the trading company must be engaged in substantial trade principally between the USA and the treaty country. The individual seeking the E-1 or E-2 visa must be working in a managerial or essential skills area. To qualify for an E-2 visa, the investor must make a substantial investment using an irrevocable commitment of funds. The investor must fill a key roll with the business to develop and direct the investment. The investment should do more than merely provide the investor with a job to support himself/herself. The initial period of stay under an E visa is one year. This period can be extended almost indefinitely as long as the investment or trade continues.

1. An applicant for an E visa needs not establish an intent to stay in the U.S. for a specific temporary period of time;

2. An applicant for an E visa needs not have an unabandoned foreign residence and needs not to express an intent to return to his or her home country;

3. The family members are entitled to the same classification as the principals.  In addition, the nationality of a spouse or child (unmarried and under the age of 21) is not material to their classification.

Now, CIS allows spouses of L or E aliens to work in the U.S. To see the details, click here to see the memo »

1. Trade must constitute an exchange.  An exchange of a good or service must be flow between the U.S. and the treaty countries and must be traceable or identifiable.
2. Trade must be international in scope. Without international exchange, one will not qualify for E-1 visa.  In addition, over 50% of the total volume of trade conducted should be between the U.S. and the treaty country of the alien's nationality; and
3. Trade must involve qualifying activities. The trade must be a continuous flow which should involve numerous transactions over time.

1. The investor must either made a substantial investment or is actively in the process of making a substantial investment in the company;
2. Funds must include personal assets;
3. The funds must be at risk and the commitment must be real and irrevocable.
4. For alien to be in the process of investing, the alien must be close to the start of actual business operations.