What Are Non-Immigrant Investor Visas?

The United States observes a treaty of friendship, commerce and navigation with several countries. When investors or traders from such treaty countries wish to come to the US, they will need either an E-2, Treaty Investor Visa, or an E-1, Treaty Trader Visa.

The E-1 Visa is required by individual traders from the treaty countries, who wish to come to the US to set up substantial trade, principally between the treaty country and the US. The E-2 Visa is required by individuals from the treaty countries who wish to come to the US to grow and direct the operations of an enterprise in the US in which the individual has invested or is in the process of investing a considerable amount of capital.

As an example, a business located in one of the treaty countries is in the process of designing and manufacturing its goods there. It might also be selling its products in the United States; however, it may not have any retail stores of its own or any plants in the US. If the overseas trade volume of the business is considerably large, and if this trade is greater than half of its total international trade, then the business would qualify for a Treaty Trader status and may want to consider getting this visa to make it easier for it and its employees to do business in the United States. Consequently, the owner of the business or a few of its employees are eligible for an E-1 visa and it may be advisable for them to apply for one.

Alternatively, an investor from one of the treaty countries might purchase a 75% stake in a restaurant located in the US. If the restaurant operates at a profit and employs some American citizens, the investor would be eligible for an E-2 visa. Provided all other conditions are satisfactory, the investor could enter the US to oversee his investment and run his business. He could also send some non-US, qualified employees, to work at or run his US business. Furthermore, his/her spouse can live and work in the United States and his/her kids can go to school in the United States.

The length of time for which either an E-1 or an E-2 visa is issued, is solely decided by the discretion and judgment of the consular officer deciding the specific case. The visas can be issued for 2-5 years at a time and can be renewed continuously after that.