Treaty Traders and Investors - The E Visa

The following article written by Attorney Wilson was avaliable for NHITA members only and was published in NHITA's On-line Newsletter, September 2003 issue:

      Treaty Traders and Investors – The E Visa

This classification is designated for temporary workers engaged in international trade or investment between the US and their countries of nationality. The employer or owner of the business must be of a nationality that has a commercial treaty with the US.  The E employee must be of the same nationality as the foreign employer or, if the employer is a US company, it must have at least 50% ownership by persons of the same nationality as the treaty country.  Finally, the duties of the E employee are principally and primarily executive, supervisory or otherwise essential to the US enterprise.  

Aliens coming to the US to seek out or establish an investment may do so in B-1 visitor status, but they cannot engage in the management or running of the business once it is established, until they have obtained the E-2 visa.  In order to qualify, the investment must be active, not passive like stock or real estate.  It must involve funds and assets for which the investor is personally at risk.  Loans secured by the assets of the enterprise are not acceptable as an investment.

Those countries whose nationals may be granted E status for either trade or investment (E-1 or E-2) are: Argentina, Australia, Austria, Belgium, Bosnia, Canada, China (Taiwan only), Colombia, Costa Rica, Croatia, Ethiopia, Finland, France, Germany, Honduras, Iran, Ireland, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, and United Kingdom.  Treaties providing only for trade (E-1) are in existence with the following countries: Bolivia, Brunei, Denmark, Estonia, Greece, and Israel.

A treaty foreigner does not need to maintain a foreign residence and does not need to specify a date by which s/he intends to depart the US permanently.  The alien can remain in the US indefinitely, as long as the trade or investment continues to qualify for treaty classification and the foreigner maintains valid status.

Submitted by member Attorney John R. Wilson of Goff and Wilson, P.A., whose firm focuses on immigration law for businesses and individuals, with offices in NH and Paris. Attorney Wilson can be reached at 603-228-1277 or via e-mail at jwilson@goffandwilson.com.