Non-Immigrant Visas Treaty Trader/Treaty Investor Visas (E)

The following information describes the two types of non-immigrant visas for persons who want to invest in or trade with a company in the U.S.: the Treaty Trader (E-1) and Treaty Trader (E-2) visas. Please note that neither of these visas is a substitute for an immigrant visa. Persons wishing to remain indefinitely in the U.S. should apply for the appropriate immigrant visa. An E-1 Treaty Trader visa allows the recipient to carry on substantial trade, including trade in services or technology, as long as that trade is principally between the United States and the treaty country. The E-2 Treaty Investor is to permit the recipient to develop and direct the operations of a commercial enterprise in the he/she has invested, or is in the process of investing, a substantial amount of capital. The. U.S. must maintain a treaty of commerce and navigation with a country before that country’s nationals can qualify for E visas. The implementation of the North American Free Trade Agreement in 1994 created the requisite treaty of commerce for Mexican nationals. NOTE: The Consulate only processes E visa applications for Third Country Nationals (TCNs) who were residents of Mexico prior to receiving E-visa status. The following information applies to Mexican nationals. TCNs should consult the E visa information available on the website of the U.S. Embassy in their country of nationality to learn about any special considerations prior to submitting an application. Basic Requirements: Treaty Trader (E-1) Visa for Mexican Nationals • The visa applicant must be a Mexican national. • The trading firm must have Mexican nationality (i.e., be majority-owned by Mexican nationals). • The international trade must be “substantial” in the sense that there is a sizeable and continuing volume of trade. • The trade must be principally between the U.S. and Mexico, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and Mexico. • Trade means an international exchange of goods, services, or 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 applicant intends to depart the United States when the E-1 status ends. Basic Requirements: Treaty Investor (E-2) Visa for Mexican Nationals • The investor, either a real or corporate person, must be a Mexican national. • The applicant must have invested or be in the process of investing. • The investor must have prior control of the funds being invested and the investment must be at risk in the commercial sense. Loans secured with assets of the investment enterprise are not considered “at risk”. • The investment must be a real and operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account of similar security are not considered an investment. • 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 more than marginal. It must generate significantly more income than just to provide a living to the investor and his/her family or must have a direct significant economic impact in the United States. • The applicant must be in a position to “develop and direct” the enterprise. • If the applicant is not the principal investor, he/she must be employed in a supervisory, executive, of highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify. • The applicant intends to depart the United States when the E-2 status ends. How to Apply Applicants for either Treaty Trader (E-1) or Treaty Investor (E-2) visas must seek registration of the enterprise with the Consulate as part of the application process. During this process, the applicant must establish that the trading or investment enterprise meets all of the requirements of the law. Application packages can be mailed to: United States Consulate Matamoros Attn: NIV Chief 225 South Vermillion Rd. Brownsville, Texas, 78521 The submission envelope should clearly state that the enclosure is an E visa application. Applications should include sufficient information to demonstrate that the enterprise meets the basic E visa requirements previously outlined. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly. An organizational chart of the company that clearly indicates the position the treaty trader/investor or employee will hold and a complete position description that documents major responsibilities should be included. If there is an already operating business, U.S. corporate and personal income tax returns for the most recent year can be of assistance to the officer reviewing the case. Including excess documentation, however, does not increase the possibility of approval and may well slow the process. It is not necessary, for example, to include copies of lengthy portions of the Foreign Affairs Manual (FAM) or E visa regulations in the documents submitted; Consulate personnel are familiar with and have access to all appropriate laws and regulations. In addition to the documentation needed to meet the basic E visa requirements, each application should include: • A DS-156 (Non-Immigrant Visa Application Form) for the principal applicant and each member of his/her family applying with him/her. • A DS-156E (Non-Immigrant Treaty Trader/Investor Application Form) for the enterprise. • A DS-157 (Supplemental Non-Immigrant Visa Appplication Form) for all male applicants between the ages of 16 and 45. Once the review of the enterprise is complete, the E visa applicant(s) will be required to appear in person before a Consular officer for a personal interview, along with any dependents who will be accompanying him/her to the U.S.. During the interview, the applicant--as with all visa categories--has the burden of demonstrating eligibility for E visa classification as a trader, investor or employee.  It is very important for the applicant to bring any additional information requested by the reviewing officer to the interview. In addition, he/she must bring passports with a minimum of six months of remaining validity for the principal applicant and each family member applying, and a Banamex receipt showing the full visa application fee (currently the equivalent of $100US) for each applicant, including children. At the end of the interview, should the enterprise and the principal applicant qualify for E visa issuance, the applicant must be prepared to pay the visa reciprocity fee of $100US (or peso equivalent) per person per year of visa validity. Spouses and Children Spouses and dependent children (unmarried children under 21 years of age), regardless of nationality, may receive derivative E visas to accompany the principal alien. Dependents are not authorized to work in the U.S. They are permitted to study. Processing Times It generally takes six to eight weeks to process an E visa application, but this time frame may vary without notice due to workload demands. Applications are reviewed and processed in the order in which they are received. The applicant will be notified directly when the application has been reviewed and an interview time will be scheduled. He/she will be provided information regarding any additional documentation that will be required during the interview at the time the appointment is scheduled.