A foreign national who is a citizen of a country that has a Bilateral Investment Treaty or Treaty of Friendship, Commerce or Navigation with the United States can be admitted to the United States to invest in a business or to engage in international trade under two categories of visas based on treaties: E-1 (Treaty Traders) and E-2 (Treaty Investors).
The E-1 (Treaty Trader) visa category permits foreign nationals to enter the United States to engage in substantial trade in goods, services, or technology with treaty countries. The United States enterprise for which the foreign national works must be majority-owned by treaty country nationals. The majority owners can be companies or individuals. The nationality of an enterprise is determined by the nationality of the entity owning at least 50% of the enterprise. An E-1 treaty trader must be an executive or manager or hold a job that requires skills essential to the employer.
The E-2 Treaty Investor category allows investors who are nationals of treaty countries and who invest substantial sums of money in an active business in the United States to remain in the United States to develop, direct and oversee the business. The E-2 visa is available to a foreign national who invests in services, technology, or tangible goods. Managers, executives, and essentially skilled employees from treaty countries are also admissible on E-2 visas.
Spouses and unmarried children under 21 years of age, regardless of their nationality, may receive derivative E visas to accompany the principal holder of an E visa. A spouse of an E visa holder can apply for an Employment Authorization Document after entry to the United States. Dependents of E visa holders, other than spouses, are not eligible for employment authorization based on their derivative E status.
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FOOTNOTE |
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China (Taiwan ). Pursuant to Section 6 of the Taiwan Relations Act, Public
Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this
agreement, which was concluded with the Taiwan authorities prior to
January 1, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation,
and constitutes neither recognition of the Taiwan authorities nor the
continuation of any official relationship with Taiwan. |
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Czech Republic and Slovak Republic. The Treaty with the Czech and
Slovak Federal Republics entered into force on December 19, 1992; it
entered into force for the Czech Republic and Slovak Republic as separate
states on January 1, 1993
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Denmark. The Convention of 1826 does not apply to the Faroe Islands of
Greenland. The Treaty, which entered into force on July 30, 1961, does
not apply to Greenland.
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 41.51 Exhibit I Page 5 of 6
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France. The Treaty, which entered into force on December 21, 1960,
applies to the departments of Martinique, Guadeloupe, French Guiana and
Reunion.
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Japan. The Treaty, which entered into force on October 30, 1953, was
made applicable to the Bonin Islands on June 26, 1968, and to the
Ryukyu Islands on May 15, 1972
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Netherlands. The Treaty, which entered into force on December 5, 1957,
is applicable to Aruba and Netherlands Antilles.
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Norway. The Treaty, which entered into force on September 13, 1932,
does not apply to Svalbard (Spitzbergen and certain lesser islands).
8 Spain. The Treaty, which entered into force on April 14, 1903, is
applicable to all territories.
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Spain. The Treaty, which entered into force on April 14, 1903, is
applicable to all territories.
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Suriname. The Treaty with the Netherlands, which entered into force
December 5, 1957, was made applicable to Suriname on February 10,
1963.
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United Kingdom. The Convention, which entered into force on July 3,
1815, applies only to British territory in Europe (the British Isles (except
the Republic of Ireland), the Channel Islands and Gibraltar) and to
"inhabitants" of such territory. This term, as used in the Convention,
means "one who resides actually and permanently in a given place, and
has his domicile there." Also, in order to qualify for treaty trader or
treaty investor status under this treaty, the alien must be a national of
the United Kingdom. Individuals having the nationality of members of
the Commonwealth other than the United Kingdom do not qualify for
treaty trader or treaty investor status under this treaty.
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Yugoslavia. The U.S. view is that the Socialist Federal Republic of
Yugoslavia (SFRY) has dissolved. The successors that formerly made up
the SFRYBosnia, Herzegovina, Croatia, the Former Yugoslav Republic of
Macedonia, Slovenia, Serbia and Montenegro (formally the Federal
Republic of Yugoslavia) continue to be bound by the treaty in force with
the SFRY at the time of dissolution.
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January 1, 2004, also is the effective date for implementation of the
immigration provisions of two new Free Trade Agreements with the
countries of Chile and Singapore. Under the immigration provisions of
these agreements, as approved by Congress in Public Laws 108-77 and
108-78, a new H-1B1 nonimmigrant category has been created for
professionals from Chile and Singapore.
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The E-3 visa is for nationals of the Commonwealth of Australia who wish
to enter the United States to perform services in a "specialty occupation."
The term "specialty occupation" means an occupation that requires
theoretical and practical application of a body of highly specialized
knowledge, and attainment of a bachelor's or higher degree in the specific
specialty (or its equivalent) as a minimum for entry into the occupation in
the United States. The definition is the same as the Immigration and
Nationality Act definition of an H-1B specialty occupation.
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 41.51 Exhibit I Page 6 of 6 |
