Under an E-1 visa, employees or treaty traders can enter the United States under certain conditions. The first is that they are there facilitating ongoing trade between their country of origin and parties in the U.S. The next is that this trade must account for at least 50% of their business interests. There are other requirements, including that they should be able to support themselves and be essential to a business’s operations.

Investors who are in the process of making a business investment that seriously impacts their personal assets or business interests. The investor must make or be in the process of making a substantial investment in a business. The U.S. requires that persons who apply for a visa in this category are personally involved in their business and are putting their own assets at stake. There are additional requirements around the timing, value and use of their investments.

The duration of stay for E-1 and E-2 visas is initially two years at admission, which can then be extended for an additional two years at a time without limit. The spouse and children (under 21) of the trader or investor will be admitted in the same category as the principal visa holder, regardless of nationality.