E -1 & E-2 Visas – Treaty Trader or Treaty Investor

What are the Requirements?

Must have treaty with U.S

Company must be at least 50% owned by nationals of Treaty Country

Foreign national must have nationality of Treaty Country

Trade: Carry on substantial trade in goods, services and technology, principally between the United States and the foreign country of which s/he is a citizen or national

Investor: Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States

The investment enterprise may not be marginal and the funds must be at risk

Can hire employee who has nationality of Treaty Country and who is coming to engage in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

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