Non-Immigrant Visas: E Visa

The E visa classification was established to give effect to those treaties between the United States and foreign countries that provide for reciprocal benefits to nationals of each country who invest in the other country or who conduct trade between the two countries.

There are two types of E visas:

1. E-1 for treaty trader
2. E-2 for treaty investor

Three elements must be present for the E visa category to be available:

1. A treaty must exist between the United States and Country X
   
   
2. Majority ownership or control of the investing or trading country must be held by nationals of Country X
   
   
3. Country X’s citizenship must be held by each employee or principal of the company who seeks E status under the treaty

Click here for a list of treaty countries.

Key Points

• A preliminary petition on Form I-129 does not need to be approved by the INS - application can be made directly through a U.S. consulate abroad.
  
  
• E non-immigrants do not need to maintain a foreign residence during their U.S. stays, as long as they affirm their intention to leave the United States when their period of stay expires.
  
  
• An initial period of stay of two years is granted and can be extended indefinitely.

Should you have questions about the E Visa or other immigration matters contact us for professional and personalized legal counsel.