The E-1 and E-2 visa categories are nonimmigrant visa options designed to facilitate international trade and investment between the United States and countries that maintain qualifying treaties with the U.S. These visas allow foreign nationals to live and work in the United States based on commercial activities that promote economic exchange.

 

E-1 Visa – Treaty Trader

The E-1 visa is available to individuals or companies engaged in substantial international trade between the United States and a treaty country.

To qualify, applicants must demonstrate:

• The existence of a treaty of commerce and navigation between the U.S. and their country of nationality
• That the applicant (or the company) is engaged in substantial trade, meaning continuous and sizable transactions over time
• That more than 50% of the trade is between the United States and the treaty country
• That the applicant is coming to the U.S. to carry on trade as an executive, manager, or specialized knowledge employee

Trade may include goods, services, technology, banking, insurance, transportation, and other international exchanges.

 

E-2 Visa – Treaty Investor

The E-2 visa is designed for individuals who invest a substantial amount of capital in a U.S. business and seek to develop and direct that enterprise.

Key requirements include:

• The applicant must be a national of a treaty country
• The investment must be substantial, at risk, and committed to the enterprise
• The business must be a real, active, and operating commercial enterprise
• The investor must have control of the funds and the enterprise
• The investment must not be marginal (i.e., it must generate more than just a minimal living for the investor and family)

E-2 visas are also available to executives, managers, and essential employees of the qualifying enterprise.

 

Key Benefits of E-1 and E-2 Visas

• Renewable indefinitely, as long as the business remains operational and compliant
• Spouses are eligible for work authorization in the United States
• Relatively flexible requirements compared to immigrant visa categories
• Suitable for entrepreneurs, international traders, and growing businesses

 

Our Experience

At Sunrise Law, P.C., we have extensive experience representing a diverse range of clients, including publicly traded companies. We have assisted corporate leadership teams and key technical personnel in obtaining E-1 and E-2 visas to support their operations and expansion in the United States. 

 

Our firm regularly advises on visa strategy, corporate structuring, and cross-border workforce mobility, ensuring that both executives and specialized employees are well-positioned for successful visa approvals.