Does the E-1 and E-2 require residency in the treaty country?

E-1 visas (for traders) and E-2 visas (for investors) are non-immigrant categories that allow temporary entry and stay in the United States for individuals who meet requirements related to trade and investment, respectively.

It is important to remember that, although these visas allow working and residing in the U.S. while their commercial activity or investment is ongoing, they do not imply or require a permanent change of residence.

In the case of the E-1 visa, the applicant must be a citizen of a country that maintains a trade treaty with the United States and demonstrate that the trade between the two countries represents a substantial part of the company’s commercial activity. Similarly, the E-2 visa is directed at citizens of countries with investment treaties with the U.S. and requires the applicant to invest a substantial amount in an American company.

In both cases, the U.S. government evaluates the applicant based on their country of nationality (treaty) and the soundness of the business or investment, not on the need for permanent residency in those countries.

Moreover, for these visas, it is essential that the applicant maintain ties to the country of origin, thereby demonstrating the intention to leave the United States at the end of the authorized period. This obligation to maintain a domicile outside the U.S. is a principle common to many non-immigrant visa categories and reinforces the temporary nature of the intended stay.

Strict compliance with U.S. immigration laws is always recommended, as well as consulting specialized professionals and exercising caution regarding information that promises guaranteed results or miraculous solutions. Following due procedures is fundamental to avoid complications and potential fraud.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.