Treaty Visa Overview

E Class Visas for Treaty Traders and Investors

Over the years, the United States has signed various treaties desgned to promote trade and investment between the U.S. and the other contracting countries. This means that nationals (individuals or companies) of countries who have such treaties with the United States can obtain visas to develop or direct their investment in and/or trade with the United States. If you are a treaty trader or investor from a qualified country, you may be eligible to receive an E visa.

Below you'll find detailed information about the application process for an E visa.  

What You’ll Find on This Page:

  • Who Qualifies for an E Visa?
  • E visa application Process
    • Visa Application and Forms
    • Visa Application Fees
  • Can I Bring Family Members into the Country with an E Visa?
  • Can I Receive a Time Extension to Stay Longer on an E Visa?

Who Qualifies for a E Visa?

E-1 Visa

Nationals from qualified treaty countries who have a significant amount of trade with the United States may qualify for an E-1 visa. The volume of the trade must be sufficient to justify the trader or the employees of the trader being within the United States to manage the trade. The vast majority of trading must be to or from the United States. While there is no minimum level of trading that has been established to qualify for an E visa, the lower the trade numbers, the less likely an E visa will be granted.

E-2 Visa

If the national of a qualifying treaty country has made significant investments within the United States, then the individual or company may be eligible for treaty investor status by obtaining an E-2 visa. As with the E-1 visa, the level of investment must be significant to justify a presence within the United States. Also, the investment must be in an operating business and not just the selling of stocks and bonds.

E Visa Application Process

Visa Application and Forms

The forms listed below are required in order to apply for the E visa:

  • Complete and sign Form DS-156E (Nonimmigrant Treaty Trader/Investor Application Form);
  • Possess a valid passport that has validity for six months after the period you intend to stay within the United States;
  • Two photographs;
  • You have to complete and submit Form DS-156 (nonimmigrant visa application);
  • Documents which establish the identity of your company's nationality;
  • A letter from your employer detailing your position and stating that you possess highly-specialized skills essential for the efficient operation of the firm or that you are an executive or manager;
  • Evidence of substantial trade for at least one year between the U.S. and your home country; and
  • You may also have to undergo an interview at the US Embassy or Consulate that has jurisdiction over your area of permanent residence. A digital fingerprint may be taken at this time as well.

Visa Application Fee

The visa application fee of $131 still applies, as well as a visa issuance fee of an additional $131.

Can I Bring Family Members into the Country with an E Visa?

Yes. You may bring your spouse and unmarried children under the age of 21 into the country with you as long as you hold your E visa status. Your spouse may also be eligible to work in the United States by applying for employment authorization using Form I-765 (Application for Employment Authorization). Also, your dependents may be eligible to attend U.S. schools and colleges without applying for a separate F-1 visa.

Can I Receive a Time Extension to Stay Longer on an E Visa?

 Yes. In order to apply for an extension on your E visa the following documentation is needed:

  • A copy of your Form I-94 (Arrival-Departure document);
  • A copy of your original Form I-797 (Notice of Action, if your status was previously approved or extended in the U.S.);
  • A copy of your complete passport including the E-1 visa;
  • A letter from your employer stating that your extension is required; and
  • A copy of your personal and U.S. business income tax returns for the past two years, including payroll tax returns.

Speak to an Immigration Lawyer for More about the E Visa!

If you are seeking to prepare an E visa application, simply fill out our Immigration Case Evaluation Form. An immigration team member will contact you within 24 hours to discuss your specific situation.