E-1 Visa Lawyer — Treaty Trader & E-2 Investor Visas

E-1 — Treaty Trader

For nationals of E-1 treaty countries who carry on substantial international trade — primarily between the U.S. and the treaty country. "Trade" includes goods, services, banking, insurance, transportation, communications, technology transfer, and tourism.

"Substantial" means a continuous flow of trade transactions over time. "Principally" means more than 50% of the total volume of international trade is between the U.S. and the treaty country. For a fuller walkthrough of the qualifying-trade evidence a consulate expects, see our guide to E-1 treaty trader visa requirements and qualifying trade.

When you need an E-1 visa attorney

Nothing in the E-1 rules is a form you fill in and submit. The work is evidentiary, and it is where cases are won or refused:

• Proving the trade is substantial. A handful of large invoices rarely persuades a consular officer. What does is a documented pattern of transactions over time: bills of lading, purchase orders, invoices, wire confirmations, contracts, customs entries. We decide which 24 months of records tell the cleanest story and assemble them into an exhibit set an officer can follow without asking questions.
• The 50% test. More than half of the total volume of your international trade has to be between the United States and the treaty country. That has to be computed and shown, not asserted. If your current mix falls short, it is usually fixable, but only before you file.
• Choosing E-1 or E-2. Trading companies frequently qualify for both, and a business that has invested capital in a U.S. entity may have a stronger E-2 than E-1. Filing the weaker of the two wastes the consular appointment.
• Nationality and ownership. At least 50% of the enterprise has to be owned by treaty-country nationals, which means the cap table gets scrutinized. Layered holding structures need to be traced and explained.
• The interview. E cases are usually decided at the consulate rather than by USCIS, so the officer forms an opinion in minutes. We prepare the principal for the questions that actually get asked about the trade flow and the role they will play in the U.S. company.

Our office is in Orlando and we work in English and Spanish. Consultations are free and 30 minutes, and you leave knowing whether the case is filable now.

E-2 — Treaty Investor

For nationals of E-2 treaty countries investing a substantial amount of capital in a U.S. enterprise. Requirements:

• The investor is a national of a treaty country.
• The investment is substantial — relative to the cost of the business, sufficient to ensure successful operation.
• The investment is in a real, operating commercial enterprise (not idle assets).
• Funds are at risk and irrevocably committed (or in the process of becoming so).
• The enterprise is not "marginal" — it must generate enough income to support more than just the investor and family, OR be on a clear track to do so.
• The investor will develop and direct the enterprise (own at least 50% of the business or have operational control).

Key practical advantages

• No annual cap.
• Renewable indefinitely in 2-year increments as long as the business continues.
• Spouse can work — E-1/E-2 derivative spouses get work authorization.
• Children can attend U.S. schools.
• Fast consular processing — many E visa cases can be obtained directly at a U.S. consulate without a USCIS petition first.

Limitations

• Treaty country list. Eligibility is strictly limited to nationals of treaty countries. Some major economies (China, Brazil, India, Russia) do not have E-1 or E-2 treaties with the U.S.
• Non-immigrant intent — you must intend to depart at the end of authorized stay. This affects timing of green-card filings.
• Marginality test. Hobby businesses or single-investor operations with thin revenue typically fail.
• Investment must be at risk. Loans secured by the U.S. business assets do not count toward the investment.

Path forward

E-1/E-2 do not directly lead to a green card. Common transitions:

• EB-5 investor visa — if the investor can scale up to the EB-5 capital and job-creation thresholds.
• EB-1C multinational executive — if the U.S. operation grows and the investor occupies a true executive/managerial role.
• EB-2 NIW — for investors whose work has national-interest dimensions.
• Family-based — marriage to a U.S. citizen or LPR.