E-1 vs. E-2 visas

What are the differences between E-1 vs. E-2 visas?

All types of E visas are nonimmigrant visas, typically acquired for applicants who intend on carrying out trade or developing an enterprise in the U.S., therefore allowing foreign national employees to enter the U.S. Whether you apply for a treaty trader (E-1) or a treaty investor (E-2) visa depends on what is being exchanged between companies.

For Treaty Traders (E-1), these visa applicants need to prove that there is “substantial trade” in goods between the U.S. and their country of origin. An individual who wants to travel to the U.S. for the purpose of developing trade between the U.S. and their country would apply for this type of visa, and there is a list of countries who hold the E-1 Treaty Trader Classification. The U.S. The Department of State, or DOS, will generally use a 50% rule to determine if trade is substantial—this means they will look at the total amount of trade and look for proof that 50% is between the U.S. and the foreign country.

For Treaty Investors (E-2), visa applicants who want to come into the U.S. to develop the capital they have invested into will apply for this visa. Again, it must be a “substantial” amount of capital, and there is a list of countries who hold the E-2 Treaty Investor Classification. In these cases, E-2 Treaty Investor applicants will primarily have to show what type of investments they are investing in, the “source of funds” for investments, as well as projected business plans for the company.

In most cases, when applying for an E-1 or E-2 visa, applicants will generally need to be prepared to prove the company's nationality, proof of business transactions, detailed 5-year business plans, among other documentation related to each visa.