E-Visas

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.

• 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

• 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.

• 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

• 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.

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien. Spouses of E visa holders are may apply for a work authorization in the United States.

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

Applicants should be aware that a visa does not guarantee entry into the United States. The Bureau of Customs and Border Protection has authority to deny admission. Also, the period for which the bearer of a bearer of a treaty trader or investor visa is authorized to remain in the United States is determined by the Bureau of Customs and Border Protection, not the consular officer. At the port of entry, a Bureau of Customs and Border Protection official must authorize the traveler's admission to the U.S. At that time the Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is validated. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the U.S. Citizenship and Immigration Service (USCIS) to request Form I-539, Extension of Stay. The decision to grant or deny a request for extension of stay is made solely by the USCIS.

Link to the United States Diplomatic Mission