E-1 and E-2 Visas: Everything You Need to Know

The E-1 and E-2 visas are special temporary visas for citizens of countries that have a trade or investment treaty with the United States. These visas are designed to encourage business and economic activity between the U.S. and these countries.

  • E-1 Visa (Trader Visa): This visa is for people who want to come to the U.S. to conduct trade between the U.S. and their home country. For example, a business owner who imports or exports goods between the U.S. and their country may qualify for this visa.
  • E-2 Visa (Investor Visa): This visa is for individuals who have made a substantial investment in a U.S. business, or are in the process of doing so. For instance, if you own a business in the U.S. or are planning to open one, the E-2 visa would allow you to come to the U.S. to manage and develop that business.

These visas are meant to strengthen economic ties between the U.S. and countries with whom it has treaties. As long as the business or trade continues to meet U.S. legal standards, the visas can be renewed or extended.

 

How to Apply for E-1 or E-2 Visas

Traders and Investors:
Traders and investors must register their companies with the E-Visa Unit before applying. The E-Visa Unit will review and evaluate the company, then provide the merchant or investor with an interview date.

Employees:
Employees of companies registered with the E-Visa Unit should schedule an appointment. On the day of the interview, it is sufficient to bring the required documents; there is no need to submit them in advance.

 

Applying Through Change of Status in the U.S.

Step 1: Completing the I-129 Form
The applicant or the U.S. citizen employer must complete the “I-129, Petition for a Nonimmigrant Worker” form. This form, along with the necessary supporting documents, should be sent as a complete package to the U.S. Citizenship and Immigration Services (USCIS). Applications are finalized by mailing the physical form to the USCIS office.

Step 2: Biometric Appointment
After submitting the application, USCIS will send you a notification (Form I-797C) detailing the date and location of your biometric appointment. During the appointment, your fingerprints will be taken, your signature recorded, and your photograph captured.

Step 3: Interview
If USCIS requires an interview, you will be notified by mail or online with the appointment details.

Step 4: Notification of Decision
USCIS will communicate its decision regarding your application via mail or online notification.

 

Applying Through a U.S. Consulate

Step 1: Completing the DS-160 Form
For applications submitted through a U.S. consulate, the process begins by completing the DS-160 form online.

Step 2: Interview

After completing the form, schedule an interview through the same online system. It is recommended to gather all required documents before your interview. During the interview, questions may be asked about the information provided in the DS-160 form, your business, and your investment plans.

Step 3: Notification of Decision

If the interview is successful and the consular officers approve your eligibility for the visa, your E-2 visa will be printed on your passport and sent to your address. You may receive approval immediately after the interview or later via an email notification.

 

Review Process

Once all steps are completed and the application reaches the E-Visa Unit, the review process begins. An email will be sent to the applicant or their legal representative confirming receipt of the application.

The E-Visa Unit reviews applications in the order they are received. The review process takes 60 business days, so applicants should plan accordingly.

Upon completion of the review, the applicant or their legal representative will receive:

  • Notification that the review is complete,
  • A list of any additional documents required, and
  • Information about the interview status.

Applicants must attend the interview within three months (90 days) from the date of this initial notification. Applications will not be held beyond 90 days.

 

Important Details

  • The DS-160 number in your application must match the DS-160 number entered in your online appointment account.
  • You must bring a printed DS-160 confirmation page to your interview. As of August 27, 2024, applications without a printed DS-160 confirmation page or with mismatched DS-160 numbers will not be accepted by the embassy.

 

Why Choose an E-1 or E-2 Visa?

Both the E-1 and E-2 visas offer excellent opportunities for international business owners, traders, and investors to thrive in the U.S. economy. These visas make it easier for entrepreneurs to run their businesses and grow their operations in the U.S., while also helping strengthen economic ties between nations.

If you’re considering applying for an E-1 or E-2 visa, we can guide you through the entire process, ensuring that your application is smooth and successful. Whether you’re looking to start a business or expand your existing trade relationships, our law office is here to help every step of the way.

Contact us today to begin your journey toward doing business in the U.S.!