Treaty Trader and Treaty Investorvisas are available for nationals of certain countries that have a specialcommercial treaty with the United States. These visas are used for both largeinternational corporations and small family-owned businesses. These visas areespecially useful for business owners and employees who wish to remain in theUnited States for extended periods of time as the period of stay may beextended indefinitely. The initial period of stay is generally two years.
Treaty trader (E-1) visas areavailable for nationals of qualifying countries provided:
· They are a citizen of a qualifyingtreaty country.
· The sponsoring company in the UnitedStates is majority-owned by an individual (or individuals) or a company (orcompanies) that is a national of the same qualifying country
· The United States sponsoring companyis engaged in "substantial" trade with the same qualifying country.
· They will work in the United Statesas an “executive,” “supervisor,” or employee with “essential skills”.
Treaty Trader (E-2) visas areavailable for nationals of qualifying countries provided:
· They are a citizen of the qualifyingcountry.
· The sponsoring company in the UnitedStates is majority-owned by an individual (or individuals) or a company (orcompanies) that is a national of the same qualifying country
· A “substantial investment” has beenmade or is in the process of being made in the United States sponsoringcompany.
· They will work in the United Statesas an “executive,” “supervisor,” or employee with “essential skills”.
Substantial trade means an amount oftrade sufficient to insure a continuous flow of international trade between theU.S. and the treaty country. There is no minimum dollar amount on the amount ofqualifying trade. Trade may consist of goods or services.
Substantial investment means aninvestment adequate to develop and direct the business in question. There is nominimum qualifying dollar amount. A “proportionality test" is used: (i)the amount of qualifying funds invested weighed against the total cost ofpurchasing or creating the enterprise; (ii) the amount normally consideredsufficient to ensure the investor’s financial commitment to the successfuloperation of the enterprise; and (iii) a magnitude of investment to support thelikelihood that the investor will successfully develop and direct theenterprise.
Executive or supervisory means aposition with duties that provide the employee ultimate control andresponsibility for the enterprise's overall operation or a major componentthereof.
Essential Skills means skills and/oraptitudes that an employee brings to a position or role that are essential tothe successful or efficient operation of the treaty enterprise.
Countries eligiblefor treaty visas
· Albania**
· Argentina
· Armenia**
· Australia
· Austria
· Bangladesh*
· Belgium
· Bolivia*
· Brunei*
· Bulgaria**
· Cameroon**
· Canada
· China (Taiwan)
· Colombia
· Congo**
· Costa Rica
· Croatia
· Czech(Rep)**
· Denmark*
· Ecuador**
· Egypt**
· Estonia**
· Ethiopia
· Finland
· France
· Germany (FRG)
· Greece*
· Grenada**
· Georgia**
· Honduras
· Iran
· Ireland
· Israel*
· Italy
· Jamaica**
· Japan
· Kazakhstan*
· Korea
· Kyrgyzstan*
· Latvia
· Liberia
· Luxembourg
· Macedonia
· Mexico
· Moldavia**
· Mongolia**
· Morocco**
· Netherlands
· Norway
· Oman
· Pakistan
· Panama**
· Paraguay
· Philippines
· Poland**
· Romania**
· Senegal**
· Slovak (REP)**
· Slovenia
· Spain
· Srilanka**
· Suriname
· Sweden
· Switzerland
· Thailand
· Togo
· Trinidad&TOB
· Ago**
· Tunisia**
· Turkey
· Ukraine**
· United Kingdom
· Zaire**
Countries with one asterisk (*)contain are eligible for only E-1 (Treaty Trader) visas.
Countries marked with two asterisks (**) are eligible for only E-2 (TreatyInvestor) visas.