E-1 & E-2 Treaty Visas

For Entrepreneurs, Traders & Investors

The United States maintains commerce and navigation treaties with over 80 countries. Citizens of these Treaty Countries can obtain visas to work in the U.S. by either engaging in substantial international trade (E-1) or making a significant capital investment (E-2).

⚠️ 2026 ELIGIBILITY WARNING: “Citizenship by Investment”

Under the AMIGOS Act, if you obtained your treaty country citizenship (e.g., Grenada, Turkey) via financial investment, you must be domiciled in that country for a continuous period of 3 years before applying for either an E-1 or E-2 visa.

Which Visa Fits You?

E-1 Treaty Trader

Designed for businesses that facilitate significant trade between the U.S. and the treaty country.

Key Requirements
  • Substantial Trade: Must show a continuous flow of trade items/services.
  • 50% Rule: Over 50% of the total international trade must be between the U.S. and the treaty country.
  • Role: Executive, Manager, or Essential Skill employee.
Ideal For:
Import/Export firms, IT Consulting, Banking, Logistics, and Design firms servicing U.S. clients from home.

E-2 Treaty Investor

Designed for entrepreneurs who start or buy a U.S. business and actively direct operations.

Key Requirements
  • Substantial Investment: No fixed minimum, but typically $100k+. Must be sufficient to run the business.
  • At Risk: Capital must be irrevocably committed.
  • Ownership: Must own at least 50% or possess operational control.
Ideal For:
Restaurant owners, Franchisees, Real Estate Developers, and Startup Founders establishing a U.S. branch.

E-1 Deep Dive: What is “Trade”?

Many applicants mistakenly believe “Trade” only means shipping physical goods containers. Under USCIS regulations, trade is defined much more broadly to include the international exchange of items of trade such as:

  • Goods & Commodities
  • International Banking
  • Insurance
  • Transportation
  • Tourism
  • Technology & Data Transfer
  • Consulting Services
  • Accounting & Design

Bringing Your Team

Both E-1 and E-2 visas allow the principal applicant to bring Essential Employees to the U.S. provided they:

  • Share the same nationality as the treaty employer.
  • Are employed in an Executive/Supervisory role OR possess Specialized Skills essential to the U.S. operation.
Spouse Benefits

Spouses of E-1/E-2 holders are authorized to work in the U.S. incident to status. They do not need to apply for a separate work permit (EAD) to accept employment.

Trade or Invest?

Wang Law PLLC analyzes your business volume to determine the best visa path.