Treaty Traders and Treaty Investors Visas

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Overview

Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. Australia is one of these countries. For a list of all treaty countries, click here.

To qualify for Treaty Trader (E-1) and Treaty Investor (E-2) visas applicants must be coming to the United States either to engage in substantial trade, including trade in service or technology, in qualifying activities, which is principally between the United States and the treaty country, or to develop and direct the operation of an enterprise in which the applicant has invested a substantial amount of capital. Holders of E visas must intend to depart the United States upon the termination of their E status.

The spouse and unmarried children (under 21 years of age) of treaty traders, treaty investors, or employees of enterprises may receive dependent E visas in order to accompany or follow to join their spouse or parent. They are not required to have the same nationality as the principal applicant to obtain an E visa.

E visas permit the investor/trader and his or her family to live in the United States during the period of stay authorized by the Department of Homeland Security (DHS). E visas are nonimmigrant visas; consequently, visa holders are allowed to live in the United States only so long as the conditions under which the visa was granted remain valid. Dependents are not authorized to work in the U.S. unless they receive explicit authorization to do so from DHS-USCIS in the United States. Dependents of treaty traders/investors may apply for work authorization after their arrival in the United States.

Requirements

The requirements for the Treaty Trader Visa (E-1) are:

  • The applicant must be a citizen of a treaty country;
  • The trading firm for which the applicant is coming to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise;
  • The international trade must be "substantial". There must be a sizable and continuing volume of trade (trade means the international exchange of goods, services, and technology). Title of the trade items must pass from one party to the other;
  • The trade of the U.S. enterprise must be principally between the U.S. and the treaty country.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 skill essential to the efficient operation of the firm.Ordinary skilled or unskilled workers do not qualify. Please note that a detailed explanation of why the applicant's skills are essential for the enterprise in the U.S. may be required.
  • The applicant must intend to depart the U.S. when his/her E-1 status ends.

The requirements for the Treaty Investor Visa (E-2) are:

  • The investor, either a person, partnership or a corporate entity, must have the citizenship of the treaty country. If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality;
  • The investment must be substantial and the funds have to be "irrevocably" committed.The investment must be sufficient to ensure the successful operation of the enterprise..;
  • The investment must be in a real operating enterprise.Speculative or idle investment does not qualify. Uncommitted funds in a bank account or mere ownership of undeveloped land are not considered an investment.;
  • The investment may not be marginal.Based on 9 FAM 41.51, the enterprise must either show a financial return that significantly exceeds what is necessary to support a living for the investor or else the enterprise must have the capacity, present or future, to make a significant economic contribution;
  • The investor must have control of the funds, and the investment must be at risk in a commercial sense.If the funds are not subject to partial or total loss if business fortunes reverse, then the investment is not an investment in the sense intended by the Immigration and Nationality Act (INA) 101(a)(15)(E) and in 9 Foreign Affairs Manual (FAM) 41.51. Loans secured with the assets of the investment enterprise do not qualify. ;
  • The investor must be coming to the United States 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 or unskilled workers do not qualify. Please note that a detailed explanation of why the applicant's skills are essential for the enterprise in the U.S. or why the applicant possesses qualifying “executive or supervisory: experience may be required.
  • The applicant must intend to depart the U.S. when his/her E-2 status ends.

The U.S. Consulates in SYDNEY and MELBOURNE have changed to electronic-only appointment scheduling and document submission.  To apply for the E-1 or E-2 visa in Sydney or Melbourne, please CLICK HERE.

 

The U.S. Consulate in PERTH only accepts hard-copy submission of documents for E-1 and E-2 visas.  To apply for an E-1 or E-2 visa in Perth, please send the documents listed here to:

U.S. Consulate Perth
4th Floor
16 St. George’s Terrace
Perth, WA 6000

The Consulate will contact you when your application is ready for interview.

  • If the applicant qualifies for an E visa, he or she will then pay any applicable reciprocity fees. If the applicant is denied an E visa, the officer will provide a form describing the reasons for the refusal and citing the appropriate section of U.S. regulation. The officer's decision is final. If the applicant feels strongly that the case was misjudged or if the material facts of it change, she or he may submit a new application for the same business.
  • It is important that sufficient time be allowed to process applications. Applications and documents for Treaty Trader and Investor visas require careful review. In most cases a decision may be reached within four weeks, but irrevocable business plans and travel arrangements should not be made until visas are actually issued.

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How to Prepare Your Application

Step 1
Pay the visa application fee.

Step 2
Complete the Nonimmigrant Visa Electronic Application (DS-160) form.

Step 3
Complete a profile, enter your fee receipt number and delivery details on this web page. Please stop before scheduling an appointment. You will need three pieces of information to complete this step:

  • Your passport number
  • The "Unique Seq No" appearing on your Australia Post receipt or the "Receipt No" if you paid by credit card. (Click here if you need help finding either of these numbers.)
  • The ten (10) digit barcode number from your DS-160 confirmation page

Step 4

Email your application and supporting documents to the U.S. Consulate. If you are planning to have your interview in Perth please send application and supporting documents in hard copy. 

For applicants interviewing in Sydney and Melbourne, applicant should have all documents submitted to the Consulate no less than 10 days before their scheduled appointment. Applicants will not be able to schedule their appointment until 10 days after paying their MRV fee. The Consulate will contact you when your application is ready for interview.

Please bring with you to the interview a copy of your DS-160 confirmation page, one recent photograph, your current and all old passports in your possession, and the original visa fee payment receipt. 

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How To Apply for Treaty Trader Visa (E-1)

Applications should be submitted in an email with tabs dividing the sections clearly.

Tab A (Introduction Letter): Cover letter describing the enterprise and the beneficiary. This letter should address all the requirements for E-1 visa eligibility. These, which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 41.51), require the applicant to show:

  • that the requisite treaty exists (see N4 of 9 FAM 41.51);
  • that the individual and/or business possesses the nationality of the treaty country (see N3);
  • that the activities constitute trade within the meaning of the Immigration and Nationality Act, section 101 (a) (15) (E) (see N4);
  • that the trade is substantial;
  • that the trade is principally between the United States and the treaty country (see N6);
  • that the applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operation in the United States;(see N13) and
  • that the applicant intends to depart the United States when the E-1 status terminates (see N14). Please cover requirements 3, 4 and 5 in some detail.

Tab B (Forms): Confirmation Sheet of the completed Electronic Visa Application Form DS-160 and Form DS-156E (parts 1, 2, and 3). Contact information provided on the DS-160 must include an e-mail address.

  • Receipt showing payment of the world-wide non-refundable application fee of $270. This fee can be paid online with a credit card, through your bank with an electronic funds transfer or at any Australia post outlet.
  • A three-kilogram Platinum Express Post envelope from Australia Post for the return of documents.
  • If you will be represented in this matter by an attorney, you must submit Form G-28 "Notice of Entry of Appearance of Attorney as Representative" and should include contact e-mail address and phone number for the attorney. If your representative is not an attorney, please submit a letter of agreement between the investor and the representative signed by both parties.
  • If the applicant is not an investor but an employee, please include here a job letter from the company. This letter should describe:
    • the business;
    • the job the applicant will do; and
    • his or her qualifications for that job.

Tab C (Applicant Information)

  • A color photocopy of the bio data page of the principal applicant's passport and similar copies of any US visas, US entry/exit stamps, and I-94's.
  • A copy of any changes or extensions of status granted by USCIS (Form I-797).
  • Evidence of the applicant's ongoing residency in Australia (including, as appropriate, a copy of the current lease or mortgage for the applicant's primary residence in the Australia; the applicant's most recent Australian pay stub; the most recent school transcript for each child between the ages of 5 and 18 inclusive).
  • A resume or curriculum vitae of the principal applicant.
  • Signed statement of intent to depart the US upon termination of status.

Tab D (Ownership)

  • Articles of Incorporation (for corporations) or Organization (for LLC's) for US business.
  • Share certificates and/or operating agreement (as applicable) to verify ownership.
  • If you have a large company with several owners or subsidiaries or if the chain of ownership includes intermediary entities, please also submit the following:
    • An organogram of the full ownership structure;
    • Legal evidence of instances of ownership within that chain;
    • Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company.
  • If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include:
    • A copy of the most recent Annual Report;
    • The Companies House Report;
    • An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the Australian Stock Exchange;
  • A copy of the most recent trading information on the stock.

Tab E (Trade)

  • Provide a spreadsheet listing every qualifying transaction of international trade between the treaty countries during the last calendar year. If there is a US entity with separate legal status (such as an incorporated company or a LLC), all figures should refer to its trade. Otherwise, consider the trade of the Australian company. This table should include the date, the invoice number, and the dollar value of the transaction. Show in a prominent place the total number and value of these transactions.
  • Provide copies of all the invoices summarized in the table.
  • Provide copies of all air bills or shipping invoices proving that the goods or services moved from one country to the other.
  • Calculate the percentage of international trade represented by the US-UK trade documented above. This is not the percentage of total trade but the percentage of total international trade undertaken by the treaty investor business.
  • Provide the most recent US tax returns (for a US entity) or annual report (for an Australian entity). US tax forms must be copies of the signed and dated forms actually submitted to the IRS.

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How To Apply for Treaty Investor Visa (E-2)

Applications should be submitted in an email with tabs dividing the sections clearly.

Tab A (Introduction Letter): Cover letter describing the enterprise and the beneficiary. This letter should address all the requirements for E-2 visa eligibility. These, which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 41.51), require the applicant to show:

  • that the individual and/or business possesses the nationality of the treaty country (see N3);
  • the applicant has invested or is in the process of investing (see N8);
  • the enterprise is a real and operating commercial enterprise (see N9);
  • the applicant's investment is substantial (see N10);
  • the investment is more than a marginal one solely for earning a living (see N11);
  • the applicant is in a position to develop and direct the enterprise (see N12);
  • the applicant, if an employee, is destined to an executive/supervisory position or possess skills essential to the firm's operations in the United States (see N14); and
  • the applicant intends to depart the United States when the E-2 status terminates (see N15).

Tab B (Forms)

  • Confirmation Sheet of the completed Electronic Visa Application Form DS-160 and Form DS-156E (for employees only). Contact information provided on the DS-160 must include an e-mail address.
  • Receipt showing payment of the world-wide non-refundable application fee of $270. This fee can be paid online with a credit card, through your bank with an electronic funds transfer or at any Australia post outlet.
  • A three-kilogram Platinum Express Post envelope from Australia Post for the return of documents.
  • If you will be represented in this matter by an attorney, you must submit form G-28 "Notice of Entry of Appearance of Attorney as Representative" and should include contact e-mail address and phone number for the attorney. If your representative is not an attorney, please submit a letter of agreement between the investor and the representative signed by both parties.
  • If the applicant is not an investor but an employee, please include a job letter from the company. This letter should describe:
    • the business;
    • the job the applicant will do; and
    • his or her qualifications for that job.

Tab C (Application Information)

  • A color photocopy of the bio data page of the principal applicant's passport and similar copies of any US visas, US entry/exit stamps, and I-94's.
  • A copy of any changes or extensions of status granted by USCIS (Form I-797).
  • Evidence of the applicant's ongoing residency in Australia (including, as appropriate, a copy of the current lease or mortgage for the applicant's primary residence in the Australia; the applicant's most recent Australian pay stub; the most recent school transcript for each child between the ages of 5 and 18 inclusive).
  • A resume or curriculum vitae of the principal applicant.
  • Signed statement of intent to depart the US upon termination of status.

Tab D (Ownership)

  • Articles of Incorporation (for corporations) or Organization (for LLC's) for US business.
  • Share certificates and/or operating agreement (as applicable) to verify ownership.
  • If you have a large company with several owners or subsidiaries or if the chain of ownership includes intermediary entities, please also submit the following:
    • Organogram of the full ownership structure;
    • Legal evidence of instances of ownership within that chain;
    • Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company.
  • If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include:
  • A copy of the most recent Annual Report;
  • The Companies House Report;
  • An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the Australian Stock Exchange;
  • A copy of the most recent trading information on the stock.

Tab E (Investment)

  • A complete money trail of the funds invested, including:
    • Documentation of the original source of the funds (sale of property, inheritance, loans, earnings, sale of business, etc.)
    • Movement of these funds to a U.S. account;
    • Use of these funds for qualifying business expenses. Please include invoices, cancelled checks, and bank statements showing matching debits (highlighted).
  • If you are buying an existing business, please provide all of the following that apply in your case:
    • A signed, dated, valid purchase agreement
    • A binding escrow agreement (see 9 FAM 41.51 N8.103 for guidelines) that explicitly says where the money goes if the visa is issued, what happens when it does not, and is signed and dated by all parties. Please cross-reference exactly any relevant purchase agreement.
    • Signed, dated, valid lease for business premises, including evidence of payments.
    • Evidence of any other funds spent to acquire and set up the business
  • If you are establishing a start-up, please provide all of the following that apply:
    • Signed, dated, valid lease for business premises, including evidence of payments;
    • Evidence of equipment and/or inventory purchases.
  • If you are purchasing a franchise, please provide:
    • a signed and dated franchise agreement;
    • evidence of payment of the franchise fee.
  • Investment spreadsheet. Evidence of investment is required, e.g., copies of debits from bank accounts, checks, invoices.

Tab F (Real and Operating)

  • Relevant local, state and/or federal licenses
  • Monthly bank statements for current calendar year

Tab G (Marginality)

  • US tax returns for business for the past three years. Taxes must include all statements and schedules. These must be copies of the signed and dated forms actually submitted to the IRS.
  • All W-2 and/or 1099s for the last two tax years.
  • Profit and loss statements for the current and previous calendar years.
  • Start-up Business should also provide:
    • A business plan that analyzes the local market and competition and gives a 5-year projection of profit and loss. Projections must be backed up by external sources.
    • A breakdown of start-up costs necessary for the business to become operational.

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How To Renew Your Treaty Trader Visa (E-1)

Tab A (Table of Contents):Cover letter describing the enterprise and the beneficiary. This letter should address all the requirements for E-1 visa eligibility. These, which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 41.51), require the applicant to show:

  • that the requisite treaty exists (see N4);
  • that the individual and/or business possesses the nationality of the treaty country (see N3);
  • that the activities constitute trade within the meaning of the Immigration and Nationality Act, section 101 (a) (15) (E) (see N4);
  • that the trade is substantial;
  • that the trade is principally between the United States and the treaty country (see N6);
  • that the applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operation in the United States (see N13); and
  • that the applicant intends to depart the United States when the E-1 status terminates (N14). Please cover requirements 3, 4 and 5 in some detail.

Tab B (Forms)

  • The confirmation sheet of the DS-160 (applicants are required to complete the online electronic visa application form DS-160 and submit the confirmation sheet with their application) and Form DS-156E(parts 1, 2, and 3). Contact information provided on the DS-160 must include an e-mail address;
  • Non-immigrant visa application fee receipt from Australia Post, showing payment of $270. This fee must be paid in advance of the interview;
  • Please submit a letter of agreement between the investor and the representative signed by both parties and include contact email address and phone number;
  • If the applicant is not an investor but an employee, please include here a job letter from the company. This letter should describe:
    • the business;
    • the job the applicant will do; and
    • his or her qualifications for that job.

Tab C (Applicant Information)

  • A color photocopy of the bio data page of the principal applicant's passport and similar copies of any US visas, US entry/exit stamps. Please also provide a copy of the current I-94 for all applicants.
  • A copy of any changes or extensions of status granted by USCIS (Form I-797).
  • Evidence of the applicant's ongoing residency in Australia (including, as appropriate, a copy of the current lease or mortgage for the applicant's primary residence in Australia; the applicant's most recent pay stub; the most recent school transcript for each child between the ages of 5 and 18 inclusive).
  • A resume or curriculum vitae of the principal applicant.
  • Signed statement of intent to depart the US upon termination of status.

Tab D (Ownership)

  • Articles of Incorporation (for corporations) or Organization (for LLC's) for US business.
  • Share certificates and/or operating agreement (as applicable) to verify ownership.
  • If you have a large company with several owners or subsidiaries or if the chain of ownership includes intermediary entities, please also submit the following:
    • An organogram of the full ownership structure;
    • Legal evidence of instances of ownership within that chain;
    • Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company.
  • If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include:
    • A copy of the most recent Annual Report;
    • A copy of the most recent trading information on the stock.
  • Explain and document any changes of ownership since last issuance.

Tab E (Trade)

  • Provide a spreadsheet listing every qualifying transaction of international trade between the treaty countries during the last calendar year. If there is a US entity with separate legal status (such as an incorporated company or a LLC), all figures should refer to its trade. Otherwise, consider the trade of the Australian company. This table should include the date, the invoice number, and the dollar value of the transaction. Show in a prominent place the total number and value of these transactions.
  • Provide copies of all the invoices summarized in the table.
  • Provide copies of all air bills or shipping invoices proving that the goods or services moved from one country to the other.
  • Calculate the percentage of international trade represented by the US-UK trade documented above. This is not the percentage of total trade but the percentage of total international trade undertaken by the treaty investor business.
  • Provide the most recent US tax returns (for a US entity) or annual report (for an Australian entity). US tax forms must be copies of the signed and dated forms actually submitted to the IRS.

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How To Renew Your Treaty Investor Visa (E-2)

Applications should be submitted in an email with tabs dividing the sections clearly.

.

Tab A (Introduction Letter): Cover letter describing the enterprise and the beneficiary. This letter should address all the requirements for E-2 visa eligibility. These, which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 41.51), require the applicant to show:

  • that the requisite treaty exists (see N4);
  • that the individual and/or business possesses the nationality of the treaty country (see N3);
  • the applicant has invested or is in the process of investing (see N8);
  • the enterprise is a real and operating commercial enterprise (see N9);
  • the applicant's investment is substantial (see N10);
  • the investment is more than a marginal one solely for earning a living (see N11);
  • the applicant is in a position to develop and direct the enterprise (see N12);
  • the applicant, if an employee, is destined to an executive/supervisory position or possess skills essential to the firm's operations in the United States (see N14); and
  • the applicant intends to depart the United States when the E-2 status terminates (see N15).

Tab B (Forms)

  • The confirmation sheet of the DS-160 (applicants are required to complete the online electronic visa application form DS-160 and submit the confirmation sheet with their application) and employees are required to include form Form DS-156E (parts 1, 2, and 3). Contact information provided on the DS-160 must include an e-mail address.
  • Non-immigrant visa application fee receipt from Australia Post, showing payment of $270. This fee must be paid in advance of the interview;
  • A letter of agreement between the investor and the representative signed by both parties including a contact email address and phone number;
  • If the applicant is not an investor but an employee, please include a job letter from the company. This letter should describe:
    • the business;
    • the job the applicant will do; and
    • his or her qualifications for that job.

Tab C (Application Information)

  • A color photocopy of the bio data page of the principal applicant's passport and similar copies of any US visas, US entry/exit stamps, and I-94's.
  • A copy of any changes or extensions of status granted by USCIS (Form I-797).
  • Evidence of the applicant's ongoing residency in Australia (including, as appropriate, a copy of the current lease or mortgage for the applicant's primary residence in the Australia; the applicant's most recent Australian pay stub; the most recent school transcript for each child between the ages of 5 and 18 inclusive).
  • A resume or curriculum vitae of the principal applicant.
  • Signed statement of intent to depart the US upon termination of status.

Tab D (Ownership)

  • Articles of Incorporation (for corporations) or Organization (for LLC's) for US business.
  • Share certificates and/or operating agreement (as applicable) to verify ownership.
  • If you have a large company with several owners or subsidiaries or if the chain of ownership includes intermediary entities, please also submit the following:
    • Organogram of the full ownership structure;
    • Legal evidence of instances of ownership within that chain;
    • Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company.
  • If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include:
    • A copy of the most recent Annual Report;
    • A copy of the most recent trading information on the stock.
  • Explain and document any changes of ownership since last issuance.

Tab E (Investment)

  • If you operate the same business for which you were last approved, submit evidence of major new investment(if any) in the business.
  • If you placed funds in escrow for the initial purchase of your business and this is your first renewal, submit all closing douments and direct evidence (cancelled checks and corresponding debits from bank statements) that the money was disbursed to the seller.
  • If you took out a promissory note, submit proof of regular payments.
  • If you no longer operate the business for which you were approved, you must submit all the documents required of first-time investors.
  • If you have purchased any additional businesses, provide the purchase agreements and closing documents.

Tab F (Real and Operating)

  • Relevant local, state and/or federal licenses
  • Monthly bank statements for current calendar year

Tab G (Marginality)

  • US tax returns for business for the past three years. Taxes must include all statements and schedules. These must be copies of the signed and dated forms actually submitted to the IRS.
  • All W-2 and/or 1099s for the last two tax years.
  • Profit and loss statements for the current and previous calendar years.

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Frequently Asked Questions (FAQ) About E-1 and E-2 Visas

Q: Must the trading company exist and/or the investment have been made before the visa can be issued?

A: Trade must already be established at the time of visa application. Investments, however, may be prospective, provided that the funds are irrevocably committed to the investment, contingent only upon the issuance of the visa. Investment funds may come from any country, including the United States, as long as they are controlled by the investor applicant.

Q: What is substantial trade?

A: Substantial trade contemplates a continuous flow of trade items between the U.S. and the treaty country. This means numerous transactions rather than a single transaction regardless of monetary value.

Q: What is a substantial amount of capital?

A: There is no fixed amount which is considered “substantial.” A substantial amount of capital constitutes that amount which is ample to ensure the investor’s financial commitment to the successful operation of the enterprise as measured by the proportionality test. The proportionality test compares the total amount invested in the enterprise with the cost of establishing a viable enterprise of the nature contemplated or the amount of capital needed to purchase an existing enterprise.

Such comparison constitutes the percentage of the treaty applicant’s investment in the enterprise. That percentage must compare favorably in the fashion of an inverted sliding scale starting with a high percentage of investment for a lower cost enterprise. The percentage of investment decreases at a gradual rate as the cost of the business increases. An amount of capital invested in an enterprise is merely presumed to be substantial when it meets or exceeds the percentage figures given in the following examples (amounts shown are in U.S. dollars):

  • 75% investment in an enterprise costing no more than $500,000 (if the cost of the enterprise is substantially lower than $500,000, 85-90%, or even 100% investment may be required).
  • 50% investment in an enterprise costing more than $500,000 but no more than $3,000,000.
  • 30% investment in any enterprise costing more than $3,000,000.

A multi-million dollar investment by a large foreign corporation is normally considered substantial, regardless of the examples given above.

The investment must do more than merely yield a return capable of supporting the investor and family. A marginal enterprise is an enterprise which does not have the capacity to generate significantly more than enough income to provide a living for the investor, family and other alien employees.

Q: Are joint ventures permitted?

A: Yes, provided that the business or individual investor applying for the visa is in a position to “develop and direct” the enterprise. The applicant is in such a position by controlling the enterprise through ownership of at least 50% of the business, possessing operational control through a marginal position or other corporate device, or by other means showing the applicant controls the enterprise.

Q: How long may the Treaty Trader or Investor stay in the U.S.?

A: The applicant must have the intention of departing the U.S. upon conclusion of the commercial activities. Nevertheless, holders of E-visas may reside in the U.S. as long as they continue to meet E-visa qualifications.

“Essential employees” may remain only as long as their skills are required to operate the business, and only as long as the owner can show either that U.S. workers cannot be trained to duplicate the skills or that the owner is making reasonable efforts to train U.S. workers as replacements.

For Australians, the E-visa normally is valid for 24 months for treaty traders and qualifying employees, but can be valid for 48 months for the principal investor and family. On initial entry, immigration officials normally authorize a stay of up to one year in the U.S., with extensions generally available for as long as the E-visa holder and family maintain their E-visa status.

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More Information

Visit the Department of State's website for more information about treaty traders and treaty investors visas.

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