What is the difference between the E-1 and E-2 investor visa?

As a consular officer, I adjudicated dozens of E-1 and E-1 visas at a U.S. Consulate where I also managed the “investor visa” team. Applications for nonimmigrant investor visas must hit all of the key points below to be successful.

Let’s take a brief look at the two categories below:

The E-1 Treaty Trader Visa

These are for individuals or companies that conduct substantial trade between the U.S. and their home country. To qualify:

• the applicant must engage in the exchange of goods, services, or technology between the U.S. and their treaty country.

• there must be a continuous flow of sizable trade items—no minimum dollar amount, but the volume and frequency matter.

• more than 50% of total trade must occur between the U.S. and the treaty country.

• the trading business must be at least 50% owned by nationals of the treaty country.

E-1 essential employees sharing the same nationality may also qualify for visas if they have unique skills or fill a specialized role.

Example: A Moroccan company that exports traditional Berber carpets to the United States.

The E-2 Treaty Investor Visa

These are for individuals who invest a substantial amount of capital in a U.S. business. To qualify, nationals of the treaty country must own at least 50% of the enterprise. In addition:

• the applicant must have invested or be in the process of investing (and funds must be at risk)

• the entreprise must be real and operating

• the investment must be substantial

• the enterprise must be more than marginal, able to do more than support one earning a living (i.e. U.S. job creating)

• the applicant must be in a position to “develop and direct” the enterprise and

• possess skills essential to the business’s operation or be destined for a supervisor or executive role

• intend to depart the U.S. when the E-2 status ends

Example: A Turkish entrepreneur invests $100,000 to open and run a boutique in Miami.

Investors on E-1 or E-2 visas may stay in the U.S. for two years initially. Stays can be extended if they continue to meet the requirements.

If you are applying from within the U.S. and seeking a change of status (from another nonimmigrant visa category), USCIS approval of a Form I-129 is required. If you are outside the United States, you apply directly to a U.S. Embassy or Consulate, making your case to a consular officer. It is important to realize that while the requirements are the same, those two approving audiences are different. An immigration attorney can tailor your application to the right audience.