E‑1 and E‑2 Treaty Visas enable eligible nationals of treaty countries (per the U.S. Department of State list) to enter the U.S. temporarily for substantial international trade (E‑1) or to invest in, develop, and direct a U.S. business (E‑2). These visas can be obtained through consular processing abroad or, when eligible, via change of status (COS) within the U.S.
E‑1 Treaty Trader Requirements
-
At least 50% ownership and control by treaty nationals
-
Ongoing and principal trade between the U.S. and treaty country
-
Applicant must hold a key role (executive, manager, essential employee)
E‑2 Treaty Investor Requirements
-
A substantial, at‑risk investment in a real and active U.S. enterprise
-
At least 50% owned and controlled by treaty nationals
-
Applicant actively develops and directs the business
These criteria are grounded in statute and guided by the Foreign Affairs Manual (9 FAM).
Family Benefits and Work/Study Rights
-
Spouses (E‑1S/E‑2S) are automatically work-authorized incident to status, once their I‑94 indicates E‑1S or E‑2S—no separate EAD typically required.
-
Children under 21 (E‑1D/E‑2D) may attend school (K–12 or college) without needing separate F‑1 status.
-
Dependents cannot work under E‑2D or E‑1D status, and the primary applicant is not permitted to work outside the investment business—no “side jobs” unrelated to the enterprise.
Why Compliance Matters
Maintaining proper status is essential. Work outside authorized roles or family violations (like undeclared work or children turning 21) can jeopardize visa status. E‑1/E‑2 visas are specific to trade or investment, and compliance is critical for renewals or extensions.
How The Legal House Helps
-
At The Legal House, we assist clients with:
-
Verifying treaty‑country eligibility
-
Structuring investment or trade activity to meet legal thresholds
-
Preparing documents for consular processing or COS
-
Ensuring dependent spouses receive E‑1S/E‑2S status and full work authorization
-
Helping children qualify to study under derivative status
-
Advising on compliance, renewals, and maintaining lawful status
-
Our tailored, strategic approach ensures each family and business plan aligns with legal requirements and supports long-term immigration goals.