The E visa provides reciprocal benefits to nationals of the U.S. and foreign countries who invest or conduct trade between two countries. Foreign nationals can get a visa by conducting trade with the U.S. (E-1 visa) or by overseeing investment in the U.S. (E-2). The E visa category can be used by various types of companies, whether owned by individuals or large multinational corporations. The E visa can be used by the company’s principals or by its employees.
E-1 visa requirements
A treaty must exist between the United States and the foreign country. Majority ownership or control of the investing or trading company must be held by nationals of the foreign country. Every employee or principal of the company seeking E visa status must be a citizen of the foreign country where the company is based.
E-1 visas are for individuals involved in the exchange, purchase or sale of goods/services or merchandise. Services include technology transfer, architecture and engineering services, management consulting or accounting. The trade in goods and services should be substantial, as defined by the INS, in terms of value, volume or a large number of small transactions. The trade must also meet the following criteria:
The trade must be principally with the treaty country
More than 50% of the total volume of international trade must be between the U.S. and the treaty country
The amount of trade must be sufficient to ensure a continuous flow of international trade between the U.S. and the treaty country
Trade can be binding contracts that call for the future exchange of items
Income derived from the value of numerous transactions that is sufficient to support the trades and his/her family is a favorable factor
E Visa Application Process
The application process for the E visa includes filing a petition with the USCIS or U.S. Consulate. If filed with the USCIS, the application waiting period is generally several months. The USCIS offers an option for premium processing. For a $2,500 fee, the USCIS will process the petition in 15 days. If filed with a U.S. Consulate, it usually takes a few days for the visa to be placed in your passport from the date of the interview.
