Treaty Investors & Employees E-1, E-2
(Form I-129, Form I-140)

What is the E-1 / E-2 Classification?

The E-1 and E-2 nonimmigrant classification is an excellent opportunity for citizens of the treaty countries* to start a business in the United States. 

This Classification can also be obtained by certain employees of such business owners or of qualifying organizations. 
 

There are several types of E Classification depending on the country of origin: E-1, E-2, E-3. The list of Treaty Countries can be found here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

For how long is E-1 / E-2 Classification valid?

The maximum initial stay is 2 years. Extensions of stayare available in unlimited number of increments of up to two years each. Since E-1 / E-2 is a nonimmigrant classification, its holders must show intention to return to their home country when their status expires.

If the E-1 / E-2 investor travels abroad, he or she can be granted an automatic two-year period of readmission. 

Other Terms & Conditions

• A treaty investor may only conduct activity activity for which he or she was approved when applying for the E Classification. 
• Their employee can work in any of their parent companies or subsidiaries if:
• Relationship between the entities is proved;
• Executive, supervisory skills or special qualifications are necessary for the subsidiary employment;
• There have been no other changes to the employment terms and conditions.
• Any fundamental changes in the terms and conditions of E-2 status affecting the business (merger, acquisition, sale of the division, etc.) must be approved by USCIS.
• A strike or labor dispute causing a work stoppage may affect treaty investors from Canada and Mexico in terms of their and their employees' eligibility for the E-2 status.

What are the E-1/E-2 Classification requirements?

In order to be eligible for one of the E Classifications the treaty investor must comply with the following requirements:

Business owners:

• Be a citizen of a country which has a treaty of commerce and navigation with the U.S. 
• Invest at least $100,000 in a bona fide* enterprise in the United States.
• Have at least 50% ownership of such company or prove operational control over it through a managerial position, which would prove that the sole purpose of entering the United States is development of the business in question.  
• The capital must be subject to partial or total loss if the investment fails. The investor must demonstrate that the funds were not obtained from activity of criminal nature.  
• The business may not be marginal, i.e. it must be capable now or in future to generate income equal to or exceeding the minimal living expenses of the treaty investor and their family. A new company must prove that it is able to generate such income within five years.

Employees:

• Be a citizen of the same treaty country as the employer;
• Meet the definition of “employee” in accordance with the applicable legislation; 
• Fulfill duties of executive or supervisory nature, possess special qualifications.
• If the employer is not a person but an organization, it must be at least 50% owned by citizens of a treaty country who either have a nonimmigrant treaty investor status or are classifiable as nonimmigrant treaty investors.

*Bona fide enterprise: a real, active, and operating commercial entity providing services or goods with the purpose of gaining profit. It must comply with the legal requirements of its jurisdiction.

The list above contains the general requirements and may vary depending on each individual case, there may be requirements other than listed above.

Can I bring my family to the United States?

Your spouse and unmarried children under 21 can accompany you to the U.S. They are usually granted the same period of stay as the investor / employee. If your family are currently in the United States, they may apply by filing Form I-539. Your spouse is eligible to apply for employment authorization (Form I-765). If the application is approved, there are no restrictions for your spouse regarding the place of employment.

If you travel abroad with an automatic reentry permit, it will not be applied to your family, if they leave the country with you. Your family members should apply for an extension before their own status expires.

How much does it cost?

U.S. government fees are mandatory and nonrefundable:

• USCIS Form I-129 filing fee: $460
• Form I-140 filing fee: $580
• Medical examination fees: $60-$300
• Fees to obtain supporting documents: variable

The total cost can vary depending on each individual case. The figures above do not include attorney fees, professional assistance and translation fees, travel costs, securing needed documents, postage, etc. Government fees may change by the decision of the government.

techlawfirm.net advisory fee: $1,399

Application tips:

• Submit your valid and up-to-date official documents
• Answer all of the questions honestly
• Avoid spelling mistakes
• Provide as much information as you can
• Do not provide false, misleading or fraudulent information or documents