E-1 and E-2 Treaty Trader and Investor Visas
Guide
Learn about work and business options for citizens of countries that have a qualifying treaty with the U.S. in this overview of E-1 and E-2 Treaty Trader and Investor Visas.
Written by Diane Rish, Immigration Lawyer and Deputy Director, Talent Mobility Fund and the International Student Resource
Last updated: July, 2026
E Visas
The E visas are based on a treaty of commerce and navigation (or a similar agreement) between the U.S. and your country of citizenship. The E-1 is for international trade; the E-2 is for investing in and running a U.S. business. Both also allow qualifying enterprises to bring in certain employees. You can confirm whether your country qualifies on the U.S. Department of State's list of treaty countries.
E-1 treaty trader
The E-1 lets a national of a treaty country be admitted solely to engage in substantial international trade on his or her own behalf. Because trade must be the sole purpose, the E-1 is of limited use to most college students until after graduation. However, an E-1 enterprise may hire employees.
E-2 treaty investor
The E-2 is for people who want to invest in and run a U.S. business — often called the "treaty investor visa." To be eligible you must:
1. Be a citizen of a qualifying treaty country.
2. Invest a substantial amount of money in a real U.S. enterprise.
3. Be in control of the business, through either majority ownership or operational control.
There is no fixed dollar threshold; the investment must be "substantial" — enough of your own money to make the business viable and to help it grow, and the funds must be at real risk of loss. The business cannot be "marginal," meaning one that earns only enough to support you and your family. The business must also create jobs or otherwise benefit the U.S. economy, so hiring U.S. workers is expected. (See the FAQ "How much do I need to invest for an E-2 visa?")
Working for an E enterprise as an essential employee
You may qualify for E-1 or E-2 status as an employee — not just as a trader or investor — which is the path most likely to apply to students or recent graduates. The main requirement is that you share the same nationality as the treaty trader or investor. You can then qualify if you will work as an executive or supervisor, or as an essential employee with special qualifications.
"Essential employee" turns on special qualifications that make your services essential to the efficient operation of the enterprise. Factors include proven expertise in the operations involved, unique skills or aptitude, previous experience or training with the firm, the period of training needed to perform the duties, and the salary your qualifications can command. Knowledge of a foreign language and culture alone does not meet this requirement.
How to apply
To change to E-1 or E-2 status from within the U.S., you (or your employer, for an employee) file Form I-129 with an E Supplement with USCIS. To apply at a consular post abroad, file a DS-160 visa application with a DS-156E supplemental form. The initial visa validity period depends on the specific treaty country but is typically five years.
How long you can stay
Each authorized stay is usually up to two years at a time, and you can renew an unlimited number of times as long as the treaty enterprise keeps running and meeting the requirements.
RELATED RESOURCES
The EB-5 Immigrant Investor Green Card (a permanent-residence investment path)