Treaty Trader and Treaty Investor Visa
On this page:
- General Information
- Application Procedures
- Guidelines for Treaty Investor (E-1) Visa Applications
- Guidelines for Treaty Investor (E-2) Visa Applications
General Information
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. 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. For a list of participating countries, consult the list of current Treaty Countries.
As Treaty Trader or Treaty Investor you must be coming to the United States to:
- engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country; or
- develop and direct the operations of an enterprise in which you have invested a substantial amount of capital.
Please note: All individuals seeking an E-Visa in Panama must be a Panamanian citizen or have permanent residency status in Panama.
For more information on business investment in the United States, see the U.S. Department of Commerce website SelectUSA.
Application Procedures
Step 1- Gather the Necessary Documents.
Prepare a documentary evidence package (i.e. the application package) in support of your application. Use the guidelines below for the type of visa you wish to apply for.
Step 2 - Request an Interview Appointment.
Pay the applicable visa fee, complete the Online Nonimmigrant Visa Application (DS-160), and request an E–visa appointment in that order. Selecting any other appointment category will only delay the process.
Step 3 - Await Instructions to Submit your Application Package.
After the Consulate receives your E Visa appointment request, you will receive an e-mail with instructions to deliver your application package. Application packages that do not comply with the guidelines below may be rejected.
Step 4 - Wait for an Appointment Date and Time.
The Consulate will review your document package. The review normally take 2-3 weeks. Once reviewed, you will receive an e-mail with the date and time for your interview with a Consular Officer. Please login in the system and schedule your E-visa appointment.
Step 5 -Attend your Interview Appointment.
Visit the U.S. Embassy on the date and time of your interview appointment. Bring with you a copy of your appointment letter and all current and expired passports. For any accompanying children under 18 please follow these guidelines.
The interviewing Consular Officer will adjudicate your application and inform you whether your visa is approved or not. If approved, your visa will be ready in three to five working days.
Guidelines for Treaty Trader (E-1) Visa Applications
All E-1 applications must be clearly divided into lettered or numbered sections in accordance with the guidelines below. Failure to follow them will delay the process.
Tab A or 1 |
Printed confirmation page from the Online Nonimmigrant Visa Application (DS-160). One 5X5 cm photo with a white background taken within the last six months |
Tab B or 2 | Printed copy of completed Form DS-156E, Non-Immigrant Treaty Trader/Investor Application. |
Tab C or 3 |
Photocopies of the biographical page of the passport of each applicant (page with the photo, name, date of birth, etc.) Photocopies of all prior US visas and copies of approved change of status notices (Form I-797). |
Tab D or 4 |
If applying with family members, documents attesting to the relationship (marriage and birth certificates, adoption, etc.) |
Tab E or 5 |
Cover letter describing company, position, and beneficiary. This letter must address all requirements for E visa eligibility as defined by the Foreign Affairs Manual (FAM) and U.S. law. It should address the following in detail:
If the company has previously qualified for E visa status, please include the date of the initial qualification. Also, please include a paragraph concerning the applicant’s unequivocal intent to depart US when E status ends. |
Tab F or 6 |
Proof of treaty country ownership (at least 50%) and controlling interest in the enterprise. Examples for corporations include: articles of incorporation, stock certificates and ledgers, Secretary of State certificates, etc. Examples for other business organizations include: articles of organization/formation, state registration of ownership, etc. |
Tab G or 7 |
Evidence that enterprise is more than marginal. All enterprises
Enterprise with 10 employees or less:
If enterprise (including previous owners) has existed less than one year:
If the enterprise (including previous owners) has existed longer than one year, provide the three most recent fiscal years (if applicable) of:
|
Tab H or 8 |
Evidence that trade is principally between the US and the treaty country as defined by 9 FAM 41.51 N7. US customs invoices and/or purchase receipts may be submitted here, as well as a letter from a company officer certifying the following:
|
Tab I or 9 |
Proof of applicant’s executive or managerial responsibility or essential skills. Please submit:
|
Guidelines for Treaty Investor (E-2) Visa Applications
All E-2 applications must be clearly divided into lettered or numbered sections in accordance with the guidelines below. Failure to follow them will delay the process.Guidelines for Treaty Investor (E-2) Visa Applications
Tab A or 1 |
Printed confirmation page from the Online Nonimmigrant Visa Application (DS-160). One 5X5 cm photo with a white background taken within the last six months. |
Tab B or 2 | Printed copy of completed Form DS-156E, Non-Immigrant Treaty Trader/Investor Application |
Tab C or 3 |
Photocopies of the biographical page of the passport of each applicant (page with the photo, name, date of birth, etc. Photocopies of all prior US visas and copies of approved change of status notices (Form I-797). |
Tab D or 4 |
If applying with family members, documents attesting to the relationship (marriage and birth certificates, adoption or custody documents, etc.) |
Tab E or 5 |
Proof of treaty country ownership (at least 50%) and controlling interest in the enterprise. For example,
|
Tab F or 6 |
Proof of the enterprise’s value and the source of the investment. Existing enterprise: show the purchase price through tax valuations, market appraisals, etc. New enterprise: show estimated start-up cost through trade Association Statistics, chamber of commerce estimates, market surveys, etc. To prove the source of the investment you may provide:
|
Tab G or 7 |
Proof that the funds have been invested or that they are in the process of being invested. For an existing enterprise you may submit,
For a new enterprise you may submit,
|
Tab H or 8 |
Proof that the enterprise is a real and operating commercial enterprise. You may submit:
|
Tab I or 9 |
Evidence that enterprise is more than marginal. All enterprises
Enterprise with 10 employees or less:
If enterprise (including previous owners) has existed less than one year:
If the enterprise (including previous owners) has existed longer than one year, provide the three most recent fiscal years (if applicable) of:
|
Tab J or 10 |
Proof of applicant’s executive or managerial responsibility or essential skills. Please submit:
|