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What Is the Difference Between the E-1 and E-2 Investor Visas?

2.5 minute read
"Are you planning to do business in the United States temporarily? It is important to know the relevant US Business Visas available to choose the best option."
Written by My Visa Source Team
Published on:  Sep 20, 2021
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Are you planning to do business in the United States temporarily? It is important to know the relevant US Business Visas available to choose the best option. 

For nonimmigrants, the US Citizenship and Immigration Services (USCIS) offer the E-1 and E-2 Visas. These visas are available to the citizens of countries that have a treaty of trade, commerce, or navigation with the United States. 

What Is the E-1 Visa?

The E-1 Visa allows individuals or employees of an organization to enter the US to carry out trade. The main requirement of this visa is that the applicant must enter the US to engage in “substantial trade.” Also, the applicant must enter the US temporarily to return at the end of their authorized stay.

What Are the Requirements for the E-1 Visa?

To be eligible for an E-1 visa, the applicant must:

  • Demonstrate that at least 50% of the trade activity was between the US and the treaty country
  • Must engage in Substantial Trade
  • Must be a national of one of the treaty countries
  • Engage in trade in the form of transportation of goods or services, including banking, insurance, tourism, technology, or journalism
  • Intend to return to their home country

What Is the E-2 Visa?

The E-2 Visa is available to the citizens and nationals of over 30+ countries that have a trade treaty with the US. This visa allows noncitizens to establish or invest in a business in the US. Although it is a nonimmigrant visa, it can be extended indefinitely. 

What Are the Requirements for the E-2 Visa?

To be eligible for an E-2 visa, the applicant must:

  • Enter the US with the sole purpose of running a business
  • Own at least 50% of the business 
  • Be employed in senior management or leadership position that allows them to control business operations
  • Make a risk-based investment sourced legally
  • Have a physical premise for the business different from the investor’s home
  • Make a substantial investment enough to generate sufficient income for the applicant and their family members within 5 years of entering the US

What Are the Difference Between E-1 and E-2 Visas?

E-1 Visa

E-2 Visa

The scope is less as this visa is only available to citizens of treaty countries

The scope is broadened as this visa is available to both citizens and nationals of a treaty country, also including any partnership or corporate entities

This visa is to allow international trade and does not require any financial investment

This visa is to allow substantial investment in the US to establish new businesses and create employment

This visa does not require applicants to generate more profit over income

This visa requires applicants to create more income than needed to sustain themselves and their families in the US

This visa does not require applicants to have a 5-year business plan

This visa requires applicants to present a business plan projecting the goals of the business over the next 5 years

This visa does not require applicants to have a registered company for conducting trade

This visa requires applicants to form a company in the US

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