What is the treaty basis for the E-1 and E-2 visas?

The E-1 and E-2 are treaty-based visa categories: they exist because the United States maintains international trade and navigation agreements with certain countries, and it is that bilateral agreement that creates the legal foundation for nationals of those countries to conduct economic activity on U.S. soil.

The difference lies in the nature of the activity each one supports:

• The E-1 (Treaty Trader) is for those who carry out substantial and continuous trade between the United States and the treaty country.
• The E-2 (Treaty Investor) is for those who invest capital in a meaningful way in a real enterprise in the United States and direct its operations.

In both cases, the treaty connection is what opens the door, but it is not enough on its own: the applicant must also meet the specific requirements of the category and demonstrate the substance of the operation. Because the list of treaty countries and applicable conditions can change, confirm updated information with the Department of State, USCIS, or a qualified specialist before filing.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.