The Immigration and Nationality Act provides nonimmigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital.

Requirements: Treaty Trader Visa (E-1):

The applicant must be a national of a treaty country;

The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country;

The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;

The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;

Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other; and

The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

Specific Documentation for E-1 to submit:

Articles of Incorporation of U.s. company.
Register of Shares of U.S. company.
Articles of Incorporation of Foreign company.
Register of Shares of Foreign Company.
Income Tax Return of U. S. company.
Tax Return of Foreign company.
Last Financial Statements of U.S. company.
Last Financial Statement of Foreign company.
Invoices of products sold to U. S. companies during past 12 months.
Bills of Lading realted to products sold and exported to U. S. companies during past 12 months.
Brochures of U.S. and/or Foreign company.
Curriculum Vitae of Applicant.

Requirements: Treaty Investor (E-2):

The investor, either a real or corporate person, must be a national of a treaty country;

The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;

The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;

The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;

The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed; and

The investor must be coming to the U.S. 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 and unskilled workers do not qualify.

Specific Documentation for E-2 to submit:

Articles of Incorporation of U.s. company.
Register of Shares of U.S. company.
Articles of Incorporation of Foreign company.
Register of Shares of Foreign Company.
Income Tax Return of U. S. company.
Tax Return of Foreign company.
Last Financial Statements of U.S. company.
Last Financial Statement of Foreign company.
Documentation showing investments in the U.S.: real estate purchase, products purchase, cash invested, etc.
Brochures of U.S. and/or Foreign company.
Curriculum Vitae of Applicant.

General Required Documentation:

In addition to the Specific Documentation mentioned above, each applicant for the visa must submit:

Forrm DS-156 E completed and signed by the responsible officer of the company petitioning the Visa.

Form DS-157 completed and signed by all applicants over 16 years old.

Form DS-156 completed and signed by all applicants.

A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person must complete an application.

One (1) 2x2 photograph.

U.S. Port of Entry

A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S.  Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States.  If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record  (Form I-94). Since Form I-94 documents your authorized stay in the U.S., it’s very important to keep in your passport.  Upon arrival (at an international airport, seaport or land border crossing), you will be enrolled in the entry-exit program. In addition, some travelers will also need to register their entry into and their departure from the U.S. with the  program. The Department of Homeland Security, Customs and Border Protection internet site offers additional information on requirements.

Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status:

• You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S. immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status.
• Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. 
• Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided.  In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality. 
• For nonimmigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.

Additional Information:

General Visa:

• No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.
• Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visa in an expired passport, do not remove the visa page from the expired passport. You may use it along with a new valid passport for travel and admission to the United States.

Family Members:
Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien. Dependents are not authorized to work in the United States.

Time Limits:
Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.