Difference between E-1 and E-2 Visas

The Difference Between E-1 and E-2 Visas

Here we explain the difference between E1 and E2 visas. Getting a visa to the United States is not easy.  But if you need to come to the United States for business purposes, an immigration lawyer can talk to you about your options. If you have business knowledge, the drive, and monetary resources to run a business and create employment, you can probably make a strong case and get an investor’s visa.

There are two types of visas available for business people and traders who wish to live and work in the United States and continue their businesses here. These visas are the E1 and E2 visas. If you’re confused as to which visa is right for you, then keep reading to learn the difference between the E1 and E2 visa.

E-1 Visa – Treaty Trader

The E-1 visa, also known as Nonimmigrant Treaty Traders, is for people who wish to enter the United States to conduct trade between the United States and the treaty country. The visa lets them stay in the US for extended periods of time to handle the business operations from the US. While there are several requirements to be eligible, you must be a national of one of the treaty countries.  There should also be substantial international trade.

The E-1 visa applies to people who are crucial to its operations. The  E-1 visa processing time is relatively short in order to facilitate traders from treaty countries to enter the US and run their operations. The US is relatively open to people who wish to enter the country to create employment opportunities for the American people, boost international trade for America, and inject money into the economy.

Do I Qualify for an E-1 Visa?

In order to qualify for an E1 visa, you need to satisfy the following requirements:

• You have to be a national of an E1 treaty country
• The business must do substantial trade between the US and the treaty country
• You have to conduct principle trade with the US

Only nationals from the following countries qualify for an E1 visa. You can also to visit the US State Department Website by clicking here, to see a complete list.  The treaty countries include:

1. Argentina
2. Australia
3. Austria
4. Belgium
5. Bolivia
6. Brunei
7. Canada
8. China
9. Colombia
10. Costa Rica
11. Denmark
12. Estonia
13. Ethiopia
14. Finland
15. France
16. Germany
17. Greece
18. Honduras
19. Iran
20. Ireland
21. Israel
22. Italy
23. Japan
24. Korea
25. Latvia
26. Liberia
27. Luxembourg
28. Mexico
29. Netherlands
30. Norway
31. Oman
32. Pakistan
33. Philippines
34. Spain
35. Suriname
36. Sweden
37. Switzerland
38. Thailand
39. The UK
40. Togo
41. Turkey
42. Yugoslavia

The U.S. government hasn’t put a specific number to how much trade counts as substantial.  The profit should be enough for the trader to support himself and his family, if applicable, and employees.  At least 50% of the trade should be between the U.S. and the treaty country making up for the majority of any trade business going on.

E-2 Visa – Treaty Investor

The E-2 visa is similar in almost all aspects. It is for people who want to start a business in the US.  The investor does not need to have a business abroad.  However, it can make a stronger case and showcase the investor’s ability and intention of running a business in the US.  After all, the investor needs to convince the immigration officers through his or her acumen, resources, and a business plan.

Do I Qualify for an E-2 Visa?

In order to qualify for an E-2 visa, you need to satisfy the following requirements:

• You have to be a national of an E2 treaty country
• The investment must be “substantial”
• You have to have the majority share in the business

The E-2 treaty countries are:

1. Argentina
2. Armenia
3. Australia
4. Austria
5. Bahrain
6. Bangladesh
7. Belarus
8. Belgium
9. Bosnia-Herzegovina
10. Bulgaria
11. Cameroon
12. Canada
13. China
14. Colombia
15. Congo
16. Costa Rica
17. Czech
18. Ecuador
19. Egypt
20. Estonia
21. Ethiopia
22. Finland
23. France
24. Georgia
25. Germany
26. Grenada
27. Honduras
28. Iran
29. Ireland
30. Italy
31. Jamaica
32. Japan
33. Kazakhstan
34. Korea
35. Kyrgyzstan
36. Latvia
37. Liberia
38. Luxembourg
39. Mexico
40. Moldova
41. Mongolia
42. Morocco
43. Netherlands
44. Norway
45. Oman
46. Pakistan
47. Panama
48. Philippines
49. Poland
50. Republic
51. Romania
52. Senegal
53. Slovakia
54. Spain
55. Sri Lanka
56. Suriname
57. Sweden
58. Switzerland
59. Thailand
60. Togo
61. Trinidad and Tobago
62. Tunisia
63. Turkey
64. Ukraine
65. United Kingdom
66. Uzbekistan
67. Yugoslavia

The law does not tell us what is “substantial.”  The investment should be enough to support the day to day operations of the business and the individual, their family, and employees.  The Investor must have invested or be in the process of investing a substantial amount of money in a genuine, bona fide enterprise.  The investor must enter the U.S. with the intention of starting, directing, and operating the business.  He or she must own a majority share of the business.

Do I Need an Immigration Lawyer?

The subtle differences between the E1 and E2 visas can be confusing. Ask an immigration attorney to help you make a strong application that can increase your chances of qualifying for the visa.   You have to make sure that you meet the requirements and opt for the right one.  Click here to contact us today.