Treaty Trader (E-1) and Treaty Investor (E-2) visas are authorized based
on treaties of commerce between the United States and Japan. Individuals
applying for E visas must have Japanese nationality. The U.S. has also
concluded treaties of commerce with several other countries, therefore if
you are not a Japanese national please refer to the website of the U.S.
Embassy or Consulate in your home country.
Note: A treaty investor/trader visa is not a substitute for an immigrant visa.
Persons wishing to remain in the United States indefinitely should apply
for immigrant visas. Treaty investor/trader visas can be renewed or
extended only if the investment or trade continues to meet all applicable
requirements ofS U.S. immigration laws and regulations.
To obtain a Treaty Trader Visa (E-1), you must demonstrate:
●The applicant is a national of a treaty country (see 9 FAM 41.51 N3)
●The trading firm for which the applicant is coming to the U.S. must
have the nationality of the treaty country (see 9 FAM 41.51 N3)
●At least 50 percent of the stock of the company is owned by
Japanese citizens. Stock held by Japanese citizens who are
permanent resident aliens in the U.S. cannot be included in this 50
percent (see 9 FAM 41.51 N3.1 & N14.1)
●The international trade must be "substantial" in the sense that there is a
sizable and continuing volume of trade (see 9 FAM 41.51 N6)
●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 (see 9 FAM 41.51 N7)
(Trade means the international exchange of goods, services and
technology. Title of the trade items must pass from one party to the
other)
●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
(see 9 FAM 41.51 N14)
●The applicant intends to depart the United States when the E-1 status
tterminates (see 9 FAM 41.51 N15)
To obtain a Treaty Investor Visa (E-2), you must demonstrate:
●The investor is a national of a treaty country (see 9 FAM 41.51 N2)
●The appliant has invested or is in the process of investing investment
must be substantial (see 9 FAM 41.51 N8)
●The investor must have control of the funds, and the investment must be
at risk in the commercial sense. Loans secured with assets of the
investment enterprise are not allowed (see 9 FAM 41.51 N8)
●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 (see 9 FAM 41.51 N9)
●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 (see 9 FAM 41.51 N10)
●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
(see 9 FAM 41.51 N11)
●The applicant is in a position to "develop and direct" the enterprise
(see 9 FAM 41.51 N12)
●The investor must be coming to the U.S. to develop and direct the
enterprise. If the applicant is not the principle investor, he/she must be
employed in a supervisory, executive or highly specialized skill capacity.
Ordinary skilled and unskilled workers do not qualify
(see 9 FAM 41.51 N12 & N14)
●The applicant intends to depart the United States when the E-2 status
terminates (see 9 FAM 41.51 N15)
Company Registration Procedures: The first step in applying for a Treaty
Trader or a Treaty Investor visa is to establish the qualification of the company
or operation in the U.S. This process is known as registration. All companies
seeking E visas for their owners or employees must be registered with the U.S.
Embassy in Tokyo or the U.S. Consulate in Osaka. If your company is not
registered, see E-1 or E-2 registration procedures. (updated 04/10/2007)
If your company is registered, see Application Procedures.
Note: If you need the current status of your company registration, please
contact the Visa Information Service by email. Please note that you will be
charged and need a credit card to pay the fee.
Maintain Company Registration: To maintain your company registry, Form
DS-156E contains non-consolidated personal and financial data, Tax Returns
and non-consolidated Financial Statements must be submitted annually. If you
do not submit any updates for five years, your company registration will expire.
Companies under “expired” registration status must register again with the U.S.
Embassy Tokyo or Consulate Osaka. Also, please note that in certain
circumstances, even if the company registration status is still valid, the
processing time may take the same length of time as it does for an initial
registration application.
Application Fee Payment: Initial registration applications must be
accompanied by a visa application fee payment. Payments should be made
using the Visa Application Fee System.
If your company has an active and up-to-date E company registry, you may
make your visa appointment online and pay the application fee in the regular
manner.
Spouses and Children: Spouses and/or children under the age of 21 can
receive derivative E visas to accompany the employee to the U.S. If family
members apply after the primary applicant's visa has been issued, they will
need to include a copy of that visa with their application. Spouses and/or
children who do not intend to reside in the United States with the primary visa
holder, but visit for vacations only, may be eligible for visitor (B-2) visas, or if
qualified, travel visa free under the Visa Waiver Program.
There is no requirement that the spouse and/or children of an E visa holder
apply for a student (F-1) visa if they wish to study in the U.S. They may study
on a derivative E visa. However, if qualified, they may apply for a F-1 visa.
If you have school-age children, you should refer to the regulations governing
the issuance of F-1 visas.
Spouses may seek employment authorization on derivative E visas. For further
information, please contact USCIS after arrival in the U.S.
