E-1 and E-2 — Treaty Traders
E-1 (“Treaty Trader”) and E-2 (“Treaty Investor”) visa classifications are based on Friendship, Commerce and Navigation treaties with other countries around the world. E-1 classification is available to foreign nationals from qualifying countries who conduct substantial trade with the United States, and E-2 classification is available to foreign nationals who have made, or are in the process of making, a substantial investment in the United States. Both E statuses are also available to employees of a company possessing the nationality of the treaty country, where the employees themselves also possess this nationality.
We work directly with embassies around the world in establishing and maintaining E qualification for a broad range of clients, from large multinationals employing tens of thousands of people, to small startups and individual investors. Our recent projects include registration for well known companies in Korea, Switzerland, Australia, and Japan.
E-1 and E-2 statuses are often ideal for foreign-owned companies looking to establish a subsidiary or branch office in the United States. Unlike H-1B status, there is no maximum time limit for E-1s and E-2s, and the employer can file E-1 and E-2 applications directly with the appropriate U.S. embassy or consulate abroad without first having to file a petition with the USCIS. There are also no prevailing wage requirements for E-1s and E-2s, and, where multiple employees are being transferred, the costs are generally much lower than they are for H-1B and L-1 visas. Moreover, spouses of E-1 and E-2 visa holders may obtain unrestricted work authorization while in the United States.