The accompanying spouse and children (under 21 and unmarried) of an E-1 or E-2 visa holder are ordinarily given the same classification as the principal.

E-1 (Treaty Trader) Requirements

• Must be a national of a treaty country, or must share the same treaty nationality as the employing company;

• The trade between the U.S. and the treaty country must be substantial (>50%) and must already exist;

• The trade may be in goods, services, or technology;

• If employed, the E-1 must work as an executive or supervisor or have highly specialized skills.

E-2 (Treaty Investor) Requirements

• Must be a national of a treaty country, or must share the same treaty nationality as the employing company;

• The investment must be substantial, and must be a real and active commercial or entrepreneurial undertaking, producing some service or commodity;

• The investment funds or assets must legitimately belong to the investor, and must be placed "at risk;'"

• An employed executive, to qualify as an "investor,"  must be in a position to direct and develop the enterprise.

E-1/ E-2 Restrictions:

• The principal E visa holder may not take on other employment activity;

• Spouses can work, though children cannot; They all can be full-time students;

• E visas are issued for two years at a time, and can be extended in two-year increments indefinitely;

• No annual limit on E-1/E-2 visas.

E Visa Procedure:

Generally, the initial visa application is  made directly to the U.S. consulate and the applicant will be admitted for up to two years. Application for E visa extension or change of status to E is made to the CIS using form I-129 with E supplement.

An E visa application will include the following, amongst other things:

• General nonimmigrant Form DS-156;
• Form DS-157 for male applicant aged 16 to 45;
• E Visa application Form DS-156E;
• Valid passport of treaty country;
• Applicant's statement summarizing eligibility for E classification;
• Eligibility supporting documents, such as:
  • Evidence of investment funds availability and transfer records;
  • Evidence of investment in the United States;
  • Evidence of substantiality;
  • Evidence of viability of the business (real, operating, not marginal);
  • Evidence of business establishment;
  • Evidence of trade;

Extension Procedure:

E status can be extended in increments of up to two years without limit on the number of extensions. The application is filed with the USCIS service center (Either Texas or California).  Premium processing ($ 1000 fee for decision within 15 calendar days) is available for E petition.

Apply with following key documentation:

• Form I-129 and I-129E Supplement;
• Copy of Form I-94;
• Form I-797;
• A company statement reaffirming eligibility and qualification;
• Dependents' I-94s and applicable I-797;

Change of Status to E:

 File in the same way and with the same documentation needed for extension of E status, except supply extensive documentation needed to establish eligibility for the initial E visa application at a U.S. consular post.

Treaty Country:

is a country with which the United States has an appropriate treaty of commerce and navigation or equivalent pact.

• The treaty trader countries are:

Argentina, Australia, Austria, Belgium, Bolivia, Bosnia & Herzegovina, Brunei, Canada, Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Korea, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Serbia & Montenegro, Slovenia, Spain, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Turkey, and the United Kingdom.

• The treaty investor countries are:

Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia & Herzegovina, Bulgaria, Cameroon, Canada, Colombia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia & Montenegro, Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, and the United Kingdom.