E Visas are issued pursuant to INA §101(a)(15)(E), 8 U.S.C. §1101(a)(15)(E); 8 C.F.R. §214.2(e); 22 C.F.R. §41.51; 62 FR 48138 at 48146-55 (Sept. 12, 1997); Immigration Acts of 1924; July 6, 1932; and 1952]
Traditionally, most E-1/E-2 treaty rights arose out of Treaties of Friendship, Commerce and Navigation (FCNs), which governed both trade and investment. More recently, the U.S. has signed treaties directed solely to investment called Bilateral Investment Treaties (BIT) and to Free Trade Agreements (NAFTA/Fast Track), which contain both E-1 and E-2 components. BITs allow for E-2 status only; however, they are more expansive than the traditional FCNs because they apply to foreign nationals who establish, administer or advise an enterprise and not simply develop or direct it.
E-1/E-2 Visas are issued to:
Person is entering U.S. (for indefinite time).
Based upon treaty of friendship, commerce and navigation, Bilateral Investment Treaty, or other arrangements (NAFTA-Canada and Mexico) between U.S. and country of applicant's nationality. Some countries may have only E-1 treaties or E-2 treaties; some have both. 9 FAM 41.51, Exh. 1; See Appendix L, infra, for list.
Person is entering solely to carry on substantial trade which is international in scope principally between U.S. and the foreign state of which s/he is a national (E-1 treaty trader); or solely to develop and direct the operations of an enterprise in which the alien has invested, or is actively in the process of investing, a substantial amount of capital in a bona fide enterprise (E-2 treaty investor); or
As a key employee from treaty country of either E-1 or E-2, including executives and supervisors or persons whose services are "essential to the efficient operation of the enterprise." 8 C.F.R. §214.2(e)(3); or
As a principal employer who is: (a) a person with nationality of treaty country whether in or outside U.S.; or (b) an enterprise or organization that is 50% or more owned by treaty nationals; or
A dependent of one of the above referenced persons.
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