Overview
The E visa is for Treaty Traders or Investors who are nationals of a foreign country that has signed a treaty of commerce or its equivalent with the United States. Canada is one of these countries. There is a slight difference between the Treaty Trader and the Treaty Investor

Treaty Trader
The Treaty Trader category (E-1) is for individuals who enter the United States to conduct trade between the United States and the country that has signed the treaty. The Treaty Trader must carry a passport from the country. Canadians therefore qualify for the consideration under the E category.

Requirements

• Applicant/trading firm must be a national of the treaty country;

• Substantial volume of trade between the U.S. and the treaty country (more than 50% of the firm’s international trade);

• The international trade must be either: exchange of goods, services, and/or technology; and

• Applicant must be employed in a supervisory or executive position.

Treaty Investor
The Treaty Investor category (E-2) is for individuals who are coming to the United States to develop and direct the operation of a business in which the applicant is investing, or has a substantial investment in the U.S. (meaning that person or company has invested a significant amount of funds). Therefore, executives and Managers of foreign corporations (usually multinational) who have invested a large sum of money may also apply under this category.

Requirements

• Investor (either a real or corporate person) must be a national of a treaty country;

• Investment must be substantial enough to ensure the successful operation of the business;

• Investment must be a valid active business (idle investments such as real estate, uncommitted funds in a back account or security do not qualify);

• Investment must generate a income (more than only providing a basic living for the investor and his/her family, as self employment will not qualify or have significant economic impact on the U.S.);

• Investor must have control of the funds;

• Employee of the investor must be in an executive or supervisory position, or as position of specialized knowledge.

Maximum Stay in the US
The validity period of the visa will depend on the nationality of the applicant and the discretion of the visa officer. However E visas are usually valid for a period of three (3) to five (5) years. Although the applicant may be granted a visa that is valid up to five (5) years, treaty traders and investment traders may not be admitted initially into the United States for more than two (2) years and may not receive extensions that are valid for more than two (2) years. There are no limits to the number of visa extensions one may receive in the E category, unlike many other visa categories.

Spouses and Dependent Children
Spouses and dependent children of the applicant are entitled to remain in the United States for the same period of time as the applicant. The applicant’s family will receive the same status as the applicant regardless of their nationality. Spouses are permitted to work and Dependents are permitted to attend school, but are not permitted to work.

Dual Intent
Dual intent is traditionally only recognized for H-1 and L status individuals. However, there is an exception for those who are in the United States on E visas. Please note, however, E Status generally precludes adjustment to the immigration (or green card) status.

Document Checklist

E Visa Application

• Original signed application form (DS-156, DS-157, and E Visa supplement);
• Two original photographs of the applicant measuring 11/2 * 11/2 inches (showing full face without head covering);
• Original signed authorization for Green & Spiegel to act on your behalf;
• Passport showing validity date for at least 6 moths past the intended period of stay in the United States (copy in certain circumstances will suffice); and
• Payment of filing fee in the amount of USD$45.00 and USD$40.00; and
• Various other documentation depending on the visa type applied for.