Non-Immigrant Visas
Treaty Traders & Investors (E-1 & E-2)
The following information describes the two types of non-immigrant visas for persons wishing to invest in or trade with a company in the U.S.:
- Treaty Trader visa (E-1)
- Treaty Investor visa (E-2)
Please note that neither of these visas is a substitute for an immigrant visa. Persons wishing to remain indefinitely in the U.S. should apply for the appropriate immigrant visa.
A national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States: to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country; or to develop and direct the operations of an enterprise in which the national has invested; or is in the process of investing a substantial amount of capital, may qualify for a nonimmigrant Treaty Trader or Treaty Investor visa.
REQUIREMENTS: TREATY TRADER (E-1)
The applicant must be a national of a treaty country.
The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country.
The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade.
The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality.
The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.
The applicant must intend to depart the United States when the E-1 status terminates.
REQUIREMENTS: TREATY INVESTOR (E-2)
The investor, either a real or corporate person, must be a national of a treaty country.
The applicant has invested or is in the process of investing.
The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with assets of the investment enterprise are not allowed.
The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States.
The applicant is in a position to "develop and direct" the enterprise.
If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.
Applicant must intend to depart the United States when the E2 status terminates.
HOW TO APPLY FOR THE VISA
All applicants must complete the nonimmigrant visa application form, pay the application fee, and appear in person for an interview. All applications for nonimmigrant visas must be submitted through American Express Bank Ltd Travel Related Services offices, a participating branch of American Express in Pakistan (see a list of all the offices). No applications will be accepted at the Embassy or by mail. American Express will collect the application fee, schedule the appointment, and successful applicants will be able to pick up their issued visa from the American Express branch where they submitted their application.
The application form is available through American Express and on the State Department’s web site: http://travel.state.gov/visa/frvi_forms.html
The nonimmigrant visa application fee is now $131 or the equivalent amount in Pakistani rupees. The application fee is non-refundable and must be paid at one of the participating American Express offices. American Express charges an additional fee to process the application.
All applicants must appear in person for an interview regardless of age. There will be no exceptions to this requirement. Change in Appointment System for Petition-based visa categories (E, H, L, O, P)
Applicants for all petition-based categories (E, H, L, O, P) are now required to schedule an appointment. These applicants must submit their application and pay their application fee through American Express. After submitting their application and fee, applicants will be assigned an expedited appointment by American Express.
Please do not send any documents or have sponsors send any documents directly to us. Due to the high volume of applications we receive, we are unable to match up faxed or mailed correspondence with applications. Further information on visa processing is available on the telephone 24 hours a day at 051-208-2700.
SPOUSES AND CHILDREN
Spouses and unmarried children under 21 years of age, regardless of nationality, who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative E visas. If applying separately from the principal, a copy of the marriage certificate and/or birth certificate(s) for the child(ren) will be required. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas.
E VISA VERSUS F-1
There is no requirement that the spouse and/or children of an E visa holder apply for a student (F-1) visa if they wish to study in the U.S.
WORKING ON AN E VISA
As a result of a recent change in the law, spouses of E visa holders may seek employment authorization on derivative E visas. For further information, please contact the USCIS on your arrival in the United States.
TIME LIMITS
Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.
FURTHER INQUIRIES
Additional information is available on the internet at: http://travel.state.gov/visa/tempvisitors_types_temp_treatytraders.html