E-1 Treaty Trader Visa

Qualifying for the E-1 Visa

You must have citizenship of the country where you live. Your passport can be presented for evidence of citizenship.

A person can acquire a second citizenship to facilitate treaty status. United States citizens are ineligible to obtain "E" status, even if they are also citizens of a treaty country. In the case of people who have dual citizenship, nonimmigrant entry to the United States on the basis of one citizenship prevents change of status to "E" classification on the basis of another. 

If you live in a country and do not have citizenship of that country you do not qualify.

You do not have to give up the home or citizenship of your country. Additionally, you do not have to be entering the United States temporarily.

You must show that you intend to eventually leave the United States. You do not have to say how long you will be in the United States. You will be given a specific amount of time in the United States upon your initial admission.
The required commercial activity must be solely to carry on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state of which you are a citizen.

An employee can be a new hire and need not have previously worked for the company.

You must have executive or supervisory status, or essential skills.

If you are not relying on your own substantial trade, but rather on that of an employer, the employer as well must have the citizenship of the treaty country. An individual employer who is "in the United States," must also maintain treaty trader status.

A person who is a permanent resident alien does not qualify for this category, regardless of his prior citizenship.

Authorized Period of Stay

A "E" visa is usually valid for unlimited applications for entry up to five (5) years, but may be restricted to shorter number of applications or validity period. To determine the length of time of the visa you must look to the country of citizenship to determine the maximum time granted to United States citizens. It is continuously renewable. 
You may initially be admitted for two (2) years. If you do not leave the United States during that time, you must file Form I-129 before the expiration of the time period. 

Trade Requirements 

Trade must be done by you or as an agreement of foreign person or organization engaged in trade. 
Trade must be principally with the treaty country and more than 50 percent of the total value of international trade must be between the United States and treaty country.

Domestic trade is not counted in the calculation of more than 50 percent.

If the business does more than 50 percent, each E-1 owner does not need more than 50 percent.

If it is only a United States branch office, then the foreign company has to have more than 50 percent of its trade with the United States.

Trade items include, but are not limited to, goods, services, international banking, insurance monies, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and some news gathering activities.

Goods are tangible commodities or merchandise having extrinsic value.

Services are legitimate economic activities which provide other than tangible goods.

The amount of trade must be sufficient to insure a continues flow of international trade between the United States and the treaty country.

The trade cannot be based on a single transaction, regardless of how protracted or monetarily valuable.

The trade can be binding contracts that call for the exchange of items of future trade.

There is no minimum requirement for volume of exchanges or value of the exchanges. 

The volume of exchanges is given more weight than the value of the exchanges.

For smaller businesses, income derived from the value of numerous transactions which is sufficient to support trader and his family constitutes a favorable factor in assessing existence of substantial trade. A pattern of many transactions, each small in value, can suffice if substantial in the aggregate.

Evidence of proof that you can include are bills of lading, customer receipts, letters of credit, insurance papers, documenting commodities imported, purchase orders, carrier inventories, trade brochures, courier inventories and sales contracts. Citizenship of the Corporation

At least citizens of the treaty country must own 50 percent of the stock. Joint ventures are permitted.

Example: Where foreign corporation is owner of the United States entity the nationality of the foreign corporation is determined by its owners, not by its place of incorporation's or the location of the company's business activity. But, if it is a publicly traded company where the actual percentage of person owning stock cannot be ascertained, the firm's nationality is presumed to be that of the country in which the firm's stock is physically listed and traded on the stock exchange. 

Citizens owning stock who are not resident abroad must also hold an E visa.

If an employer is not a corporation, but an individual, he must be maintaining an E status.

Required Duties for a Treaty Trader

An employee of a trading company can enter the United States to perform services for the company if the employee is performing supervisory or executive duties.

To determine whether you have supervisory or executive duties look at the following:

*The title of the position;
*The location of the job in the company's organizational chart;
*Your job description, including the degree to which work usually performed by technical staff is to be performed by you;
*The degree to which you exercise "ultimate control and responsibility" for the operation of the firm or office;
*The degree of supervisory responsibility for a large proportion of the enterprise's operations;
*The number and type of employees directed by you; and
*Qualifications that indicate that you are suited for a supervisory or executive role.

Supervisory or executive duties must be your primary function, with other job duties being incidental to this primary function.

A Company should not expect to bring in five or six managers to oversee just a handful of employees. 

In order to determine how many managers and supervisors are sufficient to run an enterprise, consider the proportionality between the number of managers and supervisors and the total number of employees. Note: Consular officers frequently request information on the number of foreign managers in relation to domestic workers in the company.

If a special relationship, such as that of a family member, exists between the principal treaty alien and a manager/supervisor the position must still meet the usual requirements for managerial/supervisory positions.

Employees serving in a "minor capacity" must have skills that are essential to the successful operation of the enterprise.

Essential skills personnel may have specialized or proprietary knowledge, or they may be highly trained technicians or start up personnel. Note: For start up personnel, the enterprise will be expected to train United States workers to replace the personnel. Because of conflicting standards, the enterprise might be able to get E visas for such personnel but not be able to gain United States admission for them or get them extensions of stay.

Essential skills

One can qualify if one is a

1. Highly trained technicians familiar with the company's product engaged in training and supervision of persons   
    employed by the company in manufacturing, maintenance, or repair of the product.
2. Highly trained technicians actually performing the manufacturing, maintenance, or repair of the product, when 
    United States workers are unavailable.

Who Does Not Qualify?

Generally employees with the following experience or skills do not qualify:

1. People whose "essential skills" consist of knowledge of the language or culture of the treaty 
    country.
2. People whose expertise relates solely to a variation of a generic product, where an United 
    States worker can easily be trained to deal with the variation do not qualify.
3. Foreign technicians who are specifically trained to repair the trading company's appliances, 
    when those appliances are commonly made and serviced in the United States, and any 
     variations between the two products are slight.
4. A "skilled" employee you will not qualify. The skill must be essential to the company's 
    operation. In order to qualify, you must be qualified for your position. This can be 
   demonstrated by your prior experience. Your skills should be unique, and your salary should 
   be commensurate with the nature of the expertise.

   The company must show that United States qualified workers cannot be found locally and that 
    the company is training United States residents as replacement. The company also has some 
    obligation to use you to train United States workers so that they can replace you.

Qualifying for the E-1 Visa

You must have citizenship of the country where you live. Your passport can be presented for evidence of citizenship.

A person can acquire a second citizenship to facilitate treaty status. United States citizens are ineligible to obtain "E" status, even if they are also citizens of a treaty country. In the case of people who have dual citizenship, nonimmigrant entry to the United States on the basis of one citizenship prevents change of status to "E" classification on the basis of another. 

If you live in a country and do not have citizenship of that country you do not qualify.

You do not have to give up the home or citizenship of your country. Additionally, you do not have to be entering the United States temporarily.

You must show that you intend to eventually leave the United States. You do not have to say how long you will be in the United States. You will be given a specific amount of time in the United States upon your initial admission.

The required commercial activity must be solely to carry on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state of which you are a citizen.

An employee can be a new hire and need not have previously worked for the company.

You must have executive or supervisory status, or essential skills.

If you are not relying on your own substantial trade, but rather on that of an employer, the employer as well must have the citizenship of the treaty country. An individual employer who is "in the United States," must also maintain treaty trader status.

A person who is a permanent resident alien does not qualify for this category, regardless of his prior citizenship.

E-2 TREATY INVESTOR CLASSIFICATION

Qualifying for an E-2 Visa

You must be a foreign national, whose country has an appropriate treaty with the United States. Both the principal investor and certain employees can obtain treaty-investor status. However, principal investors and employees must have citizenship in their country.

You must have the same citizenship as your treaty employer and you must be either an executive or supervisor or a non-supervisory person with special qualifications who is an essential employee.

The business must have "substantial trade" with the United States.

At least 50 percent of the business has to be owned by your country's citizens. And you are in the process of making a "substantial investment" in the business.

The principal investor must be responsible for the development and direction of the investment.

The citizenship of the investment business must be at least 50 percent of stock owned by citizens of the treaty country. 

Joint venture companies qualify even when the joint ventures are from different countries.

In smaller investor situations, the investors can end up with 50-50 splits of stock. 

Example: Four American investors and four French investors, all with equal shares still qualify for treaty consideration. 

You must intend to depart. Your statements are sufficient. You do not need to show that you are maintaining a home abroad.

E-2 TREATY INVESTOR CLASSIFICATION

What qualifies as an investment?
Investment Amount

There is no minimum or maximum amount set in order to qualify for this visa. However the amount invested should be substantial. See discussion below. 
However, you must have invested or be actively in the process of investing. You must make an irrevocable commitment of funds that represents an actual, active investment. 

What qualifies as an investment?

A qualifying investment must be active. The business enterprise underlying the investment must represent a real operating business productive of some service or commodity. 

Loans secured by the investor's own assets, such as a mortgage on his own property is a qualified investment.

Unsecured loans granted on the basis of the investor's signature is a qualified investment.

Cash reserves placed in a business account at the disposal of the business for purchase of equipment, property, or start up inventory is a qualified investment. Note: Cash reserves alone, without evidence that the business enterprise has been undertaken, will not satisfy the requirement of an "active" investment. 

Value of purchased equipment/inventory and property are qualified investments. Rent paid on equipment or property is investment, but limited to funds devoted to item in any month. 

Transfer of goods and machinery so long as it is demonstrated they will be or are being put to use in the enterprise is a qualified investment. 

Inherited business qualifies as investment.

What does not qualify as an investment?

Uncommitted funds in a bank account, even a business account, do not represent an "active" investment, unless enough other evidence of business activities exists to show that the funds are used in the routine operation of the business (example: payment of bills, purchase of inventories or equipment).

Passive or speculative investment held for potential appreciation in value, such as undeveloped land or the securities of a business in which the investor is not actively engaged is not an investment. 

Nonprofit institutions (schools, associations) are not considered commercial enterprises and therefore such investments will not qualify.

Mortgage debt or other loans secured by the enterprise assets are not qualified investments.

Loans for which the lending institution has recourse against a guarantor in the event of nonpayment by the investor are not investments.

Cash not held in reserve by the corporation, such as cash held in personal bank accounts is not an investment.

Rental payments, inventory purchases, and other recurring costs beyond the start up of the enterprise are not investments. Such costs are assumed to be paid out of income generated by the enterprise and are not a part of the investment attributable to the investor.

An investment need not be fully operational in order for the investor or qualifying employees to receive an E-2 visa. However, it must overcome the "active" investment hurdle. You must submit correct supporting documents to show that an active investment is planned.

You must establish that the funds are yours. You must demonstrate that it is your funds and not simply a third party investing father-in-law's money.

The capital must be subjected to partial or total loss if investment fortunes reverse. It must be your unsecured personal business capital or capital secured by personal assets. Mortgage debt or commercially secured loans are insufficient. However, a second mortgage on a home, unsecured or unencumbered loans or assets and loans on the person's personal signature are acceptable. 

Not all financial transactions incurred in setting up the business enterprise can be counted toward calculating the amount of the investment.

The investment cannot be "marginal." It must not be solely for the purpose of earning a living for the investor and his family. You must show and demonstrate that the investment will create jobs for United States workers.

The use of escrow accounts is permissible pending approval of E classification with legal mechanism that irrevocably commits funds but also protects the investor if the application is denied. Other evidence must still be submitted showing that the funds will be used in the routine operation of the business.

Funds cannot be obtained directly or indirectly through criminal activity. 

The violation of foreign laws restricting the exit of capital from the country would not be considered using funds that came from a criminal activity.

What is a substantial investment?

There is no absolute test applied in determining whether or not an investment is substantial. 

The following factors of the relative/proportionality test determine whether an investment is substantial: 

*The amount invested weighed against the total cost of purchasing or creating the enterprise;
*The amount normally considered sufficient to endure the investor's commitment to the 
  successful operation of the enterprise; and
*A magnitude of investment to support the likelihood that the investor will successfully develop 
  and direct the enterprise.
*The investment must be proportional to the total value of the particular enterprise in question. This test is usually applied to investment in existing businesses.
*The investment must be an amount normally considered necessary to establish a viable 
  enterprise of the type contemplated. This test is normally applied to new businesses.

There is no minimum dollar amount necessary in order for the investment to be considered substantial. Example: The government agencies approved an investment of well under fifty-thousand dollars ($50,000.00) in a service business- an automotive design firm that supplied skilled designers to United States auto manufacturers on a consultancy basis. 

Small subsidiaries of a large parent company: Even when the foreign parent company has substantial investments in the United States through a number of subsidiaries, each subsidiary individually must be considered a substantial investment in order for its employees to qualify for E-2 status. Note: Some subsidiaries may be able to qualify its employees, while the level of investment for other subsidiaries will not be considered substantial enough to qualify its employees. 

Small and medium size businesses: The lower the cost of the enterprise, the higher, proportionally, the investment must be to be considered a substantial amount. 

Consular officers in making an initial assessment as to whether an investment is "substantial" utilize the following scale.

Total value of business or cost to start
new business
Minimum percentage of investment
required
Less than $500,000.00
75%
$500,000.00 to $3,000,000.00     
50%
More than $3,000,000.00
30%

Note: The scale is not intended to be a rigid, bright-line test, but only as a guideline. Investments are still evaluated on a case-by-case basis for adequacy. 

Note: Multi-million dollar investments by large foreign corporations may be substantial without regard to their proportion to the total business value.

The Department of State recognizes distinction for service industries and views test for such industries as "amount necessary to establish a viable enterprise." Example: British company set up United States subsidiary to fulfill its contractual obligations with GM by sending engineers. Investment was less than $50,000.00.

What is a Marginal Investment?

The investment must not be solely for the purpose of earning a living for the investor and his family. Note: Must be able to affirm and demonstrate that the investment will create jobs for United States workers. 

Your employment as skilled or unskilled labor in business is unrelated to the marginality issue.

A business is marginal if it does not have the present or future capacity to generate more than minimal living for you and your family. Note: If future capacity is at issue must provide a five (5) year plan.

The capacity to employ United States workers must be established within five years of the principal investor's admission to the United States. Any business plans submitted with the visa application must reflect that United States workers are currently employed by the enterprise or will be employed within five years. Note: Extensions will not be granted beyond the five year period if jobs are not created for United States workers, nor will visas be reissued for the same reason.

The question of what is "marginal" depends more on the projected return on the investment than on the size of the investment. 

The following factors are used in determining that the investment is not marginal:

*The investment will expand job opportunities;
*The investment will generate other sources of income;
*The investment will generate income substantially above what would be considered a living;
*You will not work simply as a skilled or unskilled worker.

In an ongoing business, all that you need to show is that United States workers are in fact employed by the business.

Who qualifies as a United States worker?

"United States workers" include all persons entitled and authorized to work in the United States on a permanent basis. These include aliens who are permanent residents and aliens who have been accorded refugee or asylee status. Not included are nonimmigrant aliens, out of status or illegal aliens, aliens in deportation, or exclusion proceedings, and aliens who are merely applicants for asylee status.

What are the qualifications of a principal investor?

You must be responsible for the development and direction of the investment.

You must manage business and not compete directly in the market as skilled labor. "Hands on" management that is purely incidental to developing business is permissible.

You must have a controlling interest in the business. 

A control interest in the business may be by negative veto and therefore, 50% ownership may be sufficient to establish the "develop and direct" criteria so long as he is not contractually precluded from taking action. 

You may establish control by having 50% ownership; by having a managerial position or other means.

What constitutes control may vary depending on factors such as the structure of the enterprise involved. In a small corporation, stock ownership generally indicates control. In large corporations look to corporate/stock structure and corporate practice.

Essential Employees

In order to qualify as a treaty investor, one must be an essential employee. An employee may qualify as an essential employee in one of the following two ways:

Qualifying as an Executive and Supervisor

Your position must be principally and primarily, as opposed to incidentally or collaterally, executive or supervisory. Your duties must provide you the ultimate control and responsibility for the businesses overall operation or a major component of it. 

The INS/Department of State considers the following to determine the requirements control and responsibility:

*Whether the executive position provides great authority to determine policy;
*Whether the supervisory position provides supervision for a significant portion of the operation and does not solely involve supervision over low-level employees;
*Whether the applicant possesses executive/supervisory skills;
*Whether salary and position title are commensurate with executive/supervisory position;
*The relationship of the position to the organizational structure;
*The responsibility of the applicant for making discretionary decisions, setting policies, directing and managing business operations, and/or supervising other professional and supervisory personnel; and
*If there was the performance of routine staff worker, it was only of an incidental nature. 

Qualifying as a No supervisory Employee with Special Qualifications 

The following factors are considered in determining essential employees:

*Your proven expertise in the area of operation;
*The availability of others possessing same expertise;
*The length of experience/training with the enterprise;
*The period of training/experience needed for position;
*The relationship of the skill/knowledge to work;
*The salary the position commands.

Knowledge of a foreign language and culture, knowledge of country conditions, or previous employment do not by themselves meet the special qualification requirement. Note: You need to analyze their essentiality in relationship to the business.

An essential employee's skills do not have to be "unique" or "one of a kind," but rather, indispensable to the success of the business."

In determining uniqueness/specialization for purposes of essential employees status can also look at whether United States workers are available. 

Whether essential skills are needed or available will vary over the time of a business (after start-up need employee's skills).

The employer must hold treaty status or be so classifiable. 

The nonimmigrant status of an E essential skills employee terminates when the principal treaty investor obtains permanent residence. An employee is not entitled to E status if the person is in the United States in a nonimmigrant status other than E status or as a permanent resident.

Qualifying countries for E-2 Visas

If you are a citizen of any of the following countries you can apply for an E-2 treaty-investor visa:

Argentina
Germany
Panama
Armenia
Grenada
Paraguay
Australia
Honduras
Philippines
Austria
Iran
Poland
Bangladesh
Ireland
Romania
Belgium
Italy
Senegal
Bosnia
Jamaica
Slovakia
Bulgaria
Japan
Slovenia
Cameroon
Kazakhstan
Spain
Canada
Korea
Sri Lanka
China (Taiwan)
Kyrgyzstan
Suriname
Colombia
Latvia
Sweden
Congo
Liberia
Switzerland
Costa Rica
Luxembourg
Thailand
Croatia
Macedonia
Togo
Czech Rep.
Mexico
Trinidad & Tobago
Ecuador
Moldova
Tunisia
Egypt
Mongolia
Turkey
Estonia
Morocco
Ukraine
Ethiopia
Netherlands
United Kingdom
Finland
Norway
Zaire
France
Oman
Georgia
Pakistan

Other Factors in International Investment and Trade Affecting Trade Visas

Has the United States entered into other types of treaties with other countries?

The United States has signed treaties directed solely to investment called Bilateral Investment Treaties (BIT).

If your country has entered into a Bilateral Investment Treaty with the United States you may be eligible for the E-2 visa.

The United States has BITs with Albania, Bangladesh, Cameroon, Egypt, Grenada, Morocco, Senegal, Turkey and Zaire. Note: Bilateral investment treaties conferring E-2 status have been signed with the following countries but have not yet entered into force; Azerbaijan, Belarus, Bolivia, Croatia, Haiti, Honduras, Jordan, Lithuania, Mozambique, Nicaragua, Russia, and Uzbekistan. The State Department will announce when any of these treaties go into effect.

These treaties only cover E-2 status; however, they are expanding persons eligible for E-2s by permitting not only those persons who develop and direct a business to apply, but also those who establish, administer or advise a business to apply.

The following countries have special conditions in their treaty with the United States:

Iran: Only single-entry visas can be issued for Iranian nationals. Under an executive order effective June 6, 1995, trade in goods or services is prohibited with Iran. Since trade with the treaty country is an essential element of E-1 status, such status is barred under the executive order. E-2 status is still possible it can be demonstrated that there is no financial connection between the investment enterprise and Iran.

United Kingdom: Only for British nationals "normally resident" in the UK; no "landed immigrants" (permanent residents) of Canada, Hong Kong, or other countries.

China: Taiwan only.

Vietnam: A treaty at one time existed with South Vietnam; that treaty is no longer in effect.

Australia and Sweden: The 1990 Act required that nationals of these countries be treated as though a treaty exists for E-1 and E-2 purposes. Therefore, although there is not an actual treaty with these countries, they are listed above with other countries for which a treaty exists.

Serbia/Montenegro: Serbia/Montenegro, as a successor state to Yugoslavia, would also be entitled to treaty consideration, but its nationals are currently barred from E status because of international economic sanctions.

Eritrea: The State Department has not yet indicated whether Eritrea will be considered a successor to the treaty with Ethiopia.

Typically, about one-half of the treaty aliens issued E visas are from Japan. Another twenty percent come from the United Kingdom, Germany, and France. The next biggest users of the E category are from Korea, Taiwan, Israel, Canada, and Italy.

Accompanying or Following to Join by Family Members

The nationality of your spouse or child/ren under a treaty trader (E-1) or treaty investor (E-2) is not material to their classification. You as a qualified treaty trader or investor may have your spouse and child/ren accompany or follow you regardless of their citizenship. 

Your spouse and child/ren can work without being subject to deportation. However, your spouse and child/ren cannot adjust or change status. 

A family member who works without authorization and conceals or misrepresents his working to INS will not be excludable because the misrepresentation is not material in light of INS view toward spouses of Es who work.

The employer of your family member can be subject to sanctions if he employs them.

Your spouse and child/ren can attend school without change of status.

Your children, whether you are under the E-1 treaty trader or E-2 treaty investor category, are not entitled to enter or remain in the United States in E nonimmigrant status after reaching the age of twenty-one years.

Application Procedure

Documentary Evidence Required

You can apply for a visa at a United States consulate outside the United States and then to be admitted to the United States in the E category with that visa.

You must present to an American consular office the general nonimmigrant visa application form, OF-156. Note: A new version of Form OF-156 has a revision date of "3/97". Forms with an earlier revision date should not be used. Until a new version of the form is issued, any version of Form OF-156 containing a revision date of "3/97" or later should be used. 

You must inquire with the United States consulate where the application will be made to determine whether it is using OF-156E or its own special questionnaire, and obtain the appropriate form for submission with the standard nonimmigrant visa application. 

You must include a supporting letter from the treaty business or individual investor or trader.

The supporting letter must include reference to the appropriate treaty; a statement setting out the ownership of the treaty-qualifying company; and reference to the nationality of the individual for whom the visa application is made.

If the cover letter is for treaty-trader (E-1) status it must include the nature of the company's trading business; the volume of trade being conducted; the percentage of total trade (by volume) between the United States operation and the treaty country; the duties to be performed by the individual for whom the application is being made; and the qualifications of that individual to fulfill those duties.

If the cover letter is for treaty-investor (E-2) status it must include the nature of the investment activity, i.e., the business to be conducted; the total value of the investment enterprise or the amount required to start up such an enterprise; the size and amount of the investment, including the proportion of the investment amount to the total value of the enterprise or start-up costs; the components of the investment, including cash, assets, inventory, and loans, and the source and security for such loans; the steps taken to undertake the investment, including the irrevocable commitment of capital and resources; the prospects for the employment of United States workers through the investment, including any workers already employed; the duties to be performed by the individual for whom the visa is sought; and the qualifications of that individual to fulfill those duties.

You must include supporting documentation satisfying each of the elements of E treaty qualification.

You must submit your passport and passport-sized photograph for you and for each family member.

Authorized Period of Stay and Extensions of Stay

To determine the length of time of the visa you must look to the country of citizenship to determine the maximum of time they grant to United States Citizens. The maximum time is usually five (5) years. It is continuously renewable.

You may be admitted to the United States in "E" status for two (2) years. If E entrant does not leave the United States during that time, he must file I-129 before the expiration of the time period. 

You can apply for extension by filing Form I-129.

You must submit Form I-539 for your spouse and children. Your spouse and children must complete this form to request an extension or change of status. 

You must submit Forms I-129 and I-539 if you are applying for a change of status. On a change, however, you must submit documentation to show that you are eligible for the classification sought.

The nonimmigrant (E-1 and E-2) treaty trader and investor petitions filed on Form I-129 and E Supplement (amended petitions, extension of stay requests, change of status requests) are now all being processed at the Texas and California Service Centers. If the new commercial business or investment or trading entity is located within the physical jurisdiction of either the Vermont or Texas Service Centers, the petition should be mailed to the Texas Service Center at the following address: Texas Service Center, P.O. Box 852135, Mesquite, TX 75185-2135. If the new commercial business or investment or trading entity is located within the physical jurisdiction of either the Nebraska or California Service Centers, the petition should be mailed to the California Service Center at the following address: California Service Center, 24000 Avila Road, 2nd floor (P.O. Box 10526), Laguna Niguel, California 92607-0526 (use either the street or P.O. box address, not both).

When your "E" visa is expiring, you must seek its reissuance at a consular office abroad. The visa is ordinarily endorsed on a page of the passport. 

Canadians, who generally enjoy a waiver of the passport and nonimmigrant visa requirements, do require a visa for entry in "E" classification as they are entitled to waiver of passport, the visa may be endorsed on Form OF-232.

Special qualification/essential employee's responsible for start-up operations are only given two (2) years absent special circumstances.

E visas are not distributed for Mexico or Canada if there is a labor dispute. 

Filing fees

A standard filing fee, $110.00, applies for any I-129 filing, whether it is an initial or amended petition, a change of status, or an extension of stay. 

The filing fee for Form I-539 (required for family members in change of status and extension situations) is $120.00. The $120.00 fee applies regardless of the number of co-applicants listed on the form. 

A machine-readable visa fee of $45.00 is required.

Coming To the US to Conduct Preliminary Activities 

What if I am still in the process of negotiating a lease for my business and conducting preliminary activities how can I enter the United States?

You can apply for a B-1 visa, Visitor for Business. 

The B-1 visa will allow you to enter the United States to conduct preliminary business activities. 

You must not be engaging in commercial transactions that involve gainful employment. 

You can enter the United States to negotiate contracts, litigation, consulting with clients or business associates, making phone calls, giving employees instructions or taking clients to their cars.

If you are participating in scientific, educational, professional, religious or business conventions you can apply for a B-1 visa.

Alternatives to E-1 or E-2 Visas

The L-1 visa category for intracompany transferees is available for a company engaged in trade with or an investment in the United States who cannot qualify under a treaty.

The L-1 category is also useful for small investors seeking to set up a company in the United States.

The B-1 visa category for business investors is also available to an investor or trader who wants to enter the United States for relatively short periods of time to set up and staff and investment or trading company. These persons may not be paid by the United States enterprise.

Large companies with established subsidiaries or affiliates in this country can also make use of the L-1 and B-1 categories, and can also bring to the United States skilled professionals, including some business executives, in the H-1B visa category for temporary workers in "specialty occupations".