ACTIVE E-2 AND E-1 TREATY COUNTRIES

How to Find Which E Visa Issuance Fee Apply in Your Case?

There are generally two non-immigrant visa issuance fees:

(1) the non-immigrant visa application fee (MRV fee); and
(2) the Reciprocity Fee.

While the MRV fee is always payable, the Reciprocity fee is not.

Reciprocity Fees vary by country and visa type, they also frequently change. You can find out if a visa reciprocity fee is applicable in your case by following this link to the US State Department’s website to the US Visa: Reciprocity and Civil Documents by Country page.

1. Select your country from the list of countries.
2. Select the visa you are applying for and any visa issuance fee will be displayed

Country Specific Footnotes

1. China (Taiwan) - Pursuant to Section 6 of the Taiwan Relations Act, (TRA) Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement which was concluded with the Taiwan authorities prior to January 01, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.

2. Czech Repubilc and Slovak Republic - The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.

3. Denmark - The Treaty which entered into force on July 30, 1961, does not apply to Greenland.

4. France - The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.

5. Japan - The Treaty which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.

6. Netherlands - The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.

7. Norway - The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).

8. Spain - The Treaty which entered into force on April 14, 1903, is applicable to all territories.

9. Suriname - The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.

10. United Kingdom - The Convention which entered into force on July 03, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to "inhabitants" of such territory. This term, as used in the Convention, means "one who resides actually and permanently in a given place, and has his domicile there." Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.

11. Yugoslavia - The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Slovenia, and the Federal Republic of Yugoslavia continue to be bound by the treaty in force with the SFRY and the time of dissolution.

12. The E-3 visa is for nationals of the Commonwealth of Australia who wish to enter the United States to perform services in a "specialty occupation." The term "specialty occupation" means an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The definition is the same as the Immigration and Nationality Act definition of an H-1B specialty occupation.

13. Bolivia - Bolivian nationals with qualifying investments in place in the United States by June 10, 2012 continue to be entitled to E-2 classification until June 10, 2022. The only nationals of Bolivia (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to June 10, 2012.

14. Ecuadorian nationals with qualifying investments in place in the United States by May 18, 2018 continue to be entitled to E-2 classification until May 18, 2028. The only nationals of Ecuador (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to May 18, 2018.

15. Israel: Pursuant to a treaty of friendship, commerce, and navigation between the United States and Israel that entered into force on April 3, 1954 entitled nationals of Israel to E-1 status for treaty trader purposes. Nationals of Israel are not entitled to E-2 classification for treaty investor purposes under that treaty. Public Law 112-130 (June 8, 2012), accords nationals of Israel E-2 status for treaty investor purposes if the Government of Israel provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that Israel offers reciprocal treaty investor treatment to U.S. nationals and E-2 visa may be issued to nationals of Israel beginning on May 1, 2019.

16. New Zealand: Public Law 115-226, enacted on August 1, 2018, accorded nationals of New Zealand to E-1 and E-2 status for treaty trader/treaty investor purposes if the Government of New Zealand provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that New Zealand offers similar nonimmigrant status to U.S. nationals and E visas may be issued to nationals of New Zealand beginning on June 10, 2019.

What is an E1 Visa?

An E1 Visa is a nonimmigrant visa which allows foreign nationals of a treaty country to enter the U.S. to engage in international trade activities. Its purpose is to facilitate trade between the U.S. and the treaty countries, thereby promoting economic and cultural ties.

What is an E2 Visa?

The Visa E2 USA, on the other hand, allows foreign nationals of a treaty country to make a substantial financial investment in an existing business, a franchise business, or to set up a new business in the U.S. The cost of E2 Visa necessarily includes the investment, which must be made before applying for an E2 Visa.

E-1 and E-2 Employees Visa

Once the principal treaty trader or treaty investor has obtained their visa after going through the E2 Visa process, there is a chance that they may ask for visas of qualifying employees. As it currently stands, there are two types of visas for E1 and E2 employees: Executives and Managers, and Specialist or Essential Skilled Workers.

Executives and Managers

Employees who are executives and managers should be going to the U.S. to develop and direct the trade or investment of the principal trader or investor. Although it's not required that they have worked for the principal trader or investor for at least a year, they should still be able to show their executive or managerial background.

Specialist or Essential Skilled Workers

It is somewhat harder for specialist or essential skilled employees to obtain this visa as they need to show the following:

• That a qualified U.S. worker can't fulfil the position;

• That their employment is necessary for the running of the principal trader or investor's business in the U.S; and

• That U.S. workers will have to be trained to replace the treaty national.

E-2 visa for Non-Treaty Country Citizens

The E1 and E2 Visa requirements include that the investor must be a national of at least one of the E-2 treaty countries to be able to obtain an E2 Visa. If you're not a national of these treaty countries yet you want to obtain the said visa, you can qualify in two ways: 1) by being a citizen of the treaty country, or 2) by being married to a citizen of a treaty country.

Determining the Capacity of E2 Employees

Executive and Supervisory Employees

According to 9 FAM 402.9-7(B), different factors must be considered by adjudicating officers when evaluating the executive and supervisory capacity of E2 employees:

First, the title of the position of the applicant, its place in the organizational structure, the job duties of such position, and the degree of control and responsibility the employee will have on the overall business operations of the E2 business. Moreover, the adjudication officer will review whether the employee will supervise other employees or whether they have the qualifying experience for the position.

Second, the adjudication officer will check the executive or supervisory element of the employee's position, whether it's a principal or an incidental function. They will determine if the employee's job description principally requires management skills or supervising the business operations or if such function is only incidental to the job position.

Finally, the adjudication officer will give weight to various factors such as position titles whether the E2 employee bears the position of "vice president" or "manager. This title, however, may bear small significance if the employee is from a 2-person office.

Specialists and Essential Skilled Employees

Meanwhile, 9FAM 402.9-7(C) provides for the different factors the adjudication officer must consider when determining the capacity of specialist and essential skilled employees.

To consider the skills to be specialized, such skills must be needed by the business. The rule of thumb is that the employee has skills essential to the operations of the business in the U.S. and they are primarily responsible for the effectiveness of the business' operations.

To be considered essential, on the other hand, isupon the discretion of the adjudicating officer. This can be decided by different tests and is assessed by the facts of each application.

Once the business needs specific skills, the adjudication officer must determine whether they are specialized and the employee must prove that they possess such skills. When assessing, there are different factors used by the officer to determine if the applicant possesses these skills such as their experience, the uniqueness of the skill, availability of U.S. workers with the same skills, and the degree of expertise of the employee among others.

Ordinary workers can also qualify as essential employees. For example, startups or new businesses in the U.S. may need employees who are ordinarily skilled for a period. Their essential is determined by their familiarity with the business operations rather than their skills.

Please take note that previous employment in the business is not required to determine if the employee is considered a specialist or essential skill. The rule of thumb is the need of the business on the skills of the employee. The employee may submit any relevant and supporting documents to prove the speciality or essential nature of their skills.

The employee must also prove and establish not only at the time of the visa application but also for the period such skills are needed that they possess the required skills. The E2 enterprise may need their skills either for the long-term or the short-term.

Conclusion

If you want to obtain an E Visa, you must be a national of a country with a treaty of commerce and navigation a qualifying international agreement with the U.S., or a country deemed qualified by legislation. However, if you're a national of a non-treaty country, there are still options which you can try to qualify for the E Visa.

If you are having trouble determining the right visa for you, Davies & Associates has a team of immigration lawyers who can help determine the right and perfect visa option based on your goals and needs.

The E2 Treaty Investor Visa and the E-1 Treaty Trader Visa are popular choices for people who want to move to the United States to run a business. Under these programs, eligible business owners can establish a business of their choosing or can opt to invest in/purchase an existing business. The business owner’s spouse can also apply to work in the U.S.
While there's no minimum investment for an E2 visa the US State Department advises consulates to look for an investment of around USD $100,000 - not necessarily all in cash. Unfortunately, E Visas are not automatically available for everyone.