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Request A consultant

Treaty Trader & Investor Visas (E Visas) | Yankey Law Group

Treaty Trader & Investor Visas
(E Visas) and How Attorney Francis Yankey Can Help

E visas provide nonimmigrant options for nationals of treaty countries to engage in substantial trade (E-1 Treaty Trader Visa) or investment (E-2 Treaty Investor Visa) in the U.S., permitting temporary work and accompaniment by qualifying family members. 

At Yankey Law Group, PLLC, Nashville-based immigration attorney Francis Yankey, Esq., draws on his immigrant journey and ministerial compassion to assist clients worldwide with E visa applications, ensuring honest, reliable support.

Disclaimer: This information is for informational purposes only and does not constitute legal advice. Immigration laws change; consult a qualified attorney for your situation as of October 22, 2025.

Treaty Trader & Investor Visas (E Visas) | Yankey Law Group

What Are E Visas?

E visas are designated for nationals of U.S. treaty countries to conduct substantial trade (E-1) or invest in U.S. enterprises (E-2). Governed by the Immigration and Nationality Act (INA), these visas are nonimmigrant in nature but allow for indefinite extensions. 

Their purpose is to facilitate international commerce and investment, with no direct path to a green card, though they may lead to other immigration options. Benefits include opportunities for businesses to expand in the U.S. and for families to join the principal applicant.

Treaty Countries for E Visas

Eligibility for E visas requires nationality from a country with a U.S. treaty of commerce and navigation.

Country E-1 Eligibility E-2 Eligibility Notes
Albania No Yes (January 4, 1998)
Argentina Yes (December 20, 1854) Yes (December 20, 1854)
Armenia No Yes (March 29, 1996)
Australia Yes (December 16, 1991) Yes (December 27, 1991) E-3 separate for specialists
Austria Yes (May 27, 1931) Yes (May 27, 1931)
Azerbaijan No Yes (August 2, 2001)
Bahrain No Yes (May 30, 2001)
Bangladesh No Yes (July 25, 1989)
Belgium Yes (October 3, 1963) Yes (October 3, 1963)
Bolivia Yes (November 09, 1862) Yes (June 6, 2001) Bolivian nationals with qualifying investments in place in the United States by June 10, 2012 continue to be entitled to E-2 classification until June 10, 2022. The only nationals of Bolivia (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to June 10, 2012.
Bosnia and Herzegovina Yes (November 15, 1982) Yes (November 15, 1982) Successor to Yugoslavia; the U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo - continue to be bound by the treaty in force with the SFRY at the time of dissolution.
Brunei Yes (July 11, 1853) No
Bulgaria No Yes (June 2, 1954)
Cameroon No Yes (April 6, 1989)
Canada Yes (January 1, 1994) Yes (January 1, 1994)
Chile Yes (January 1, 2004) Yes (January 1, 2004)
China (Taiwan) Yes (November 30, 1948) Yes (November 30, 1948) Pursuant to Section 6 of the Taiwan Relations Act, (TRA) Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement which was concluded with the Taiwan authorities prior to January 01, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.
Colombia Yes (June 10, 1948) Yes (June 10, 1948)
Congo (Brazzaville) No Yes (August 13, 1994)
Congo (Kinshasa) No Yes (July 28, 1989)
Costa Rica Yes (May 26, 1852) Yes (May 26, 1852)
Croatia Yes (November 15, 1982) Yes (November 15, 1982) Successor to Yugoslavia; the U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo - continue to be bound by the treaty in force with the SFRY at the time of dissolution.
Czech Republic No Yes (January 1, 1993) The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.
Denmark Yes (July 30, 1961) Yes (December 10, 2008) The Treaty which entered into force on July 30, 1961, does not apply to Greenland.
Ecuador No Yes (May 11, 1997) Ecuadorian nationals with qualifying investments in place in the United States by May 18, 2018 continue to be entitled to E-2 classification until May 18, 2028. The only nationals of Ecuador (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to May 18, 2018.
Egypt No Yes (June 27, 1992)
Estonia Yes (May 22, 1926) Yes (February 16, 1997)
Ethiopia Yes (October 8, 1953) Yes (October 8, 1953)
Finland Yes (August 10, 1934) Yes (December 1, 1992)
France Yes (December 21, 1960) Yes (December 21, 1960) The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.
Georgia No Yes (August 17, 1997)
Germany Yes (July 14, 1956) Yes (July 14, 1956)
Greece Yes (October 13, 1954) No
Grenada No Yes (March 3, 1989)
Honduras Yes (July 19, 1928) Yes (July 19, 1928)
Ireland Yes (September 14, 1950) Yes (November 18, 1992)
Israel Yes (April 3, 1954) Yes (May 1, 2019) Pursuant to a treaty of friendship, commerce, and navigation between the United States and Israel that entered into force on April 3, 1954 entitled nationals of Israel to E-1 status for treaty trader purposes. Nationals of Israel are not entitled to E-2 classification for treaty investor purposes under that treaty. Public Law 112-130 (June 8, 2012), accords nationals of Israel E-2 status for treaty investor purposes if the Government of Israel provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that Israel offers reciprocal treaty investor treatment to U.S. nationals and E-2 visa may be issued to nationals of Israel beginning on May 1, 2019.
Italy Yes (July 26, 1949) Yes (July 26, 1949)
Jamaica No Yes (March 7, 1997)
Japan Yes (October 30, 1953) Yes (October 30, 1953) The Treaty which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.
Jordan Yes (December 17, 2001) Yes (December 17, 2001)
Kazakhstan No Yes (January 12, 1994)
Korea (South) Yes (November 7, 1957) Yes (November 7, 1957)
Kosovo Yes (November 15, 1882) Yes (November 15, 1882) Successor to Yugoslavia; the U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo - continue to be bound by the treaty in force with the SFRY at the time of dissolution.
Kyrgyzstan No Yes (January 12, 1994)
Latvia Yes (July 25, 1928) Yes (December 26, 1996)
Liberia Yes (November 21, 1939) Yes (November 21, 1939)
Lithuania No Yes (November 22, 2001)
Luxembourg Yes (March 28, 1963) Yes (March 28, 1963)
North Macedonia Yes (November 15, 1982) Yes (November 15, 1982) Successor to Yugoslavia; the U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo - continue to be bound by the treaty in force with the SFRY at the time of dissolution.
Mexico Yes (January 1, 1994) Yes (January 1, 1994)
Moldova No Yes (November 25, 1994)
Mongolia No Yes (January 1, 1997)
Montenegro Yes (November 15, 1882) Yes (November 15, 1882) Successor to Yugoslavia; the U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo - continue to be bound by the treaty in force with the SFRY at the time of dissolution.
Morocco No Yes (May 29, 1991)
Netherlands Yes (December 5, 1957) Yes (December 5, 1957) The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.
New Zealand Yes (June 10, 2019) Yes (June 10, 2019) Public Law 115-226, enacted on August 1, 2018, accorded nationals of New Zealand to E-1 and E-2 status for treaty trader/treaty investor purposes if the Government of New Zealand provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that New Zealand offers similar nonimmigrant status to U.S. nationals and E visas may be issued to nationals of New Zealand beginning on June 10, 2019.
Norway Yes (January 18, 1928) Yes (January 18, 1928) The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).
Oman Yes (June 11, 1960) Yes (June 11, 1960)
Pakistan Yes (February 12, 1961) Yes (February 12, 1961)
Panama No Yes (May 30, 1991)
Paraguay Yes (March 07, 1860) Yes (March 07, 1860)
Philippines Yes (September 6, 1955) Yes (September 6, 1955)
Poland Yes (August 6, 1994) Yes (August 6, 1994)
Portugal Yes (March 15, 2024) Yes (March 15, 2024) Public Law 117-263, enacted on December 23, 2022, accorded nationals of Portugal to E-1 and E-2 status for treaty trader/treaty investor purposes if the Government of Portugal provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that Portugal offers similar nonimmigrant status to U.S. nationals and E visas may be issued to nationals of Portugal beginning on March 15, 2024.
Romania No Yes (January 15, 1994)
Senegal No Yes (October 25, 1990)
Serbia Yes (November 15,1882) Yes (November 15,1882) Successor to Yugoslavia; the U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo - continue to be bound by the treaty in force with the SFRY at the time of dissolution.
Singapore Yes (January 1, 2004) Yes (January 1, 2004)
Slovak Republic No Yes (January 1, 1993) The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.
Slovenia Yes (November 15, 1982) Yes (November 15, 1982) Successor to Yugoslavia; the U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo - continue to be bound by the treaty in force with the SFRY at the time of dissolution.
Spain Yes (April 14, 1903) Yes (April 14, 1903)
Sri Lanka No Yes (May 1, 1993)
Suriname Yes (February 10, 1963) Yes (February 10, 1963)
Sweden Yes (February 20, 1992) Yes (February 20, 1992)
Switzerland Yes (November 08, 1855) Yes (November 08, 1855)
Thailand Yes (June 8, 1968) Yes (June 8, 1968)
Togo Yes (February 5, 1967) Yes (February 5, 1967)
Trinidad & Tobago No Yes (December 26, 1996)
Tunisia No Yes (February 7, 1993)
Turkey Yes (May 18, 1931) Yes (February 15, 1933)
Ukraine No Yes (November 16, 1996)
United Kingdom Yes (July 03, 1815) Yes (July 03, 1815) Applicable to British territories in Europe, Asia, Africa, Caribbean, Pacific, and Atlantic.
Yugoslavia successors Yes (November 15, 1882) Yes (November 15, 1882) Applies to Bosnia and Herzegovina, Croatia, Kosovo, North Macedonia, Montenegro, Serbia, Slovenia as successors.

Note: Based on U.S. Department of State list as of October 2025; some countries qualify for only E-1 or E-2.

E-1 Visa (Treaty Trader) Eligibility and Requirements

For the E-1 Treaty Trader Visa, the applicant must be from an E-1 treaty country, with employees matching the principal employer’s nationality (requiring 50% ownership by treaty nationals). 

Substantial trade involves a continuous flow of international trade in goods, services, or technology, with over 50% of the principal trade between the U.S. and the treaty country. For employees, duties must be executive or supervisory, or involve essential skills.

 

Requirement

Details

Nationality

Treaty country national; 50% ownership for enterprises.

Substantial Trade

Numerous transactions; supports trader/family; see 8 CFR 214.2(e)(10).

Principal Trade

>50% between U.S. and treaty country; see 8 CFR 214.2(e)(11).

Employee Qualifications

Executive/supervisory (ultimate control) or essential skills (proven expertise, rarity in U.S.); see 8 CFR 214.2(e)(17-18).

Special Cases: Strikes or labor disputes may affect Canadians or Mexicans.

 

E-2 Visa (Treaty Investor) Eligibility and Requirements

For the E-2 Treaty Investor Visa, the applicant must be from an E-2 treaty country, with employees matching the principal (50% ownership). 

Substantial investment must be at risk and profit-oriented, proportional to the enterprise’s cost, and sufficient to ensure commitment and success.

The enterprise must be bona fide and non-marginal, generating income beyond minimal living expenses, typically within 5 years for new enterprises. The investor must develop and direct the enterprise (50% ownership or control), with employees meeting similar qualifications as E-1.

Requirement

Details

Nationality

Treaty country national; 50% ownership for enterprises.

Substantial Investment

At risk; proportional to cost; not from criminal activity; see 8 CFR 214.2(e)(12).

Bona Fide Enterprise

Active, commercial; non-marginal (income capacity); see 8 CFR 214.2(e)(15).

Employee Qualifications

Same as E-1; executive/supervisory or essential skills.

Special Cases: Conditional for some countries (e.g., Bolivia, Ecuador limitations on new investments).

Required Evidence and Documentation

Common documentation for both E-1 and E-2 includes proof of nationality (passport), ownership (corporate documents), and treaty qualification. In detail:

  • E-1 specific evidence covers trade (invoices, contracts), volume, and proof of substantial/principal trade. 
  • E-2 specific evidence includes investment proof (bank transfers, appraisals) and enterprise viability (business plans, financial statements). 
  • For employees, submit job descriptions, resumes, and organizational charts.

Document Type

Core Documents

E-1 Specific

E-2 Specific

Examples

Passport, corporate docs, ownership proof

Invoices, contracts, trade volume reports

Bank transfers, appraisals, business plans

The E Visa Application Process

The application process is similar for E-1 and E-2:

  1. Verify treaty eligibility via State Department list.
  2. If abroad: Apply for visa at U.S. Embassy/Consulate (DS-160, interview).
  3. If in U.S.: File Form I-129 for change/extension (with fee, evidence).
  4. For family: Form I-539 (dependents).
  5. Upon approval: Seek admission at port-of-entry; automatic 2-year readmission possible.

Substantive Changes: New I-129 filing; notify USCIS of terminations.

Duration, Extensions, and Work Authorization

Initial stay is up to 2 years. Extensions are available in 2-year increments with no limit, but intent to depart is required. 

Work authorization is limited to the approved activity; employees may work for parent or subsidiary under certain conditions.

Family members receive the same stay period; spouses have employment authorization incident to status (E-1S/E-2S notation on I-94 post-Jan 2022; optional EAD via I-765).

Family Members and Dependents

Spouses and children under 21 of any nationality may obtain E-1 or E-2 dependent status. Spouses are authorized for employment (with exceptions for certain territories); children are not. 

Extensions are applied via Form I-539, and there is no automatic readmission without the principal applicant.

Common Issues, Denials, and How to Avoid Them

Common issues include insufficient proof of investment or trade, marginal enterprises, and inadmissibility grounds. Denials often occur under INA Section 214(b) due to presumed immigrant intent; reapplications are possible with stronger evidence. Attorney Yankey provides strategies to strengthen cases, addressing fears with compassion.

Seek Legal Assistance?

Navigating the E-1/E-2 visa process involves complex regulations and strict requirements, making professional guidance essential. We strongly advise against attempting this process alone, particularly with consular interviews and extensions. 

Yankey Law Group can assist clients—whether treaty traders or investors—through the visa application process with dedication, ensuring compliance and stability for your business or investment plans.

Yankey Law Group

  • Office Hours: Mon – Fri 09:00-17:00
  • Address: 301 S. PERIMETER PARK DRIVE Suite 218 Nashville, TN, 37211

Frequently Asked Questions (FAQs) about E-1 & E-2

What countries qualify for E-1/E-2? 

Nationals from treaty countries listed above; check State Department for updates.

How much investment is needed for E-2? 

Substantial and proportional; no fixed amount, but sufficient for enterprise success.

Can families work on E visas? 

Spouses yes (incident to status or EAD); children no.

What is substantial trade for E-1? 

Continuous, numerous transactions over 50% between U.S. and treaty country.

Are extensions limited? 

No limit, but in 2-year increments with intent to depart.

What if denied? 

Reapply with improved evidence; consult for strategies.

Recent updates? 

As of October 2025, new entries like Portugal (March 2024); check for changes.

Can E visas lead to green card? 

No directly, but may transition to other categories.

Seek Legal Assistance?

Navigating the E-1/E-2 visa process involves complex regulations and strict requirements, making professional guidance essential. We strongly advise against attempting this process alone, particularly with consular interviews and extensions. 

Yankey Law Group can assist clients—whether treaty traders or investors—through the visa application process with dedication, ensuring compliance and stability for your business or investment plans.

Yankey Law Group

  • Office Hours: Mon – Fri 09:00-17:00
  • Address: 301 S. PERIMETER PARK DRIVE Suite 218 Nashville, TN, 37211