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  • Manuela Muttoni

E-1 Treaty Trader/E-2 Treaty Investor

Purpose:

Treaty Trader Visas (E-1) and Treaty Investor Visas (E-2) are non-immigrant visas for nationals of a country with which the United States maintains a Treaty of Friendship, Commerce and Navigation who wish to enter the United States to (i) carry on substantial trade, principally between the United States and the treaty country (E-1), or (ii) develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital (E-2).

Requirements:

1. Existence of appropriate treaty between the United States and the country of the trader or investor’s nationality;

List of E-1/E-2 countries https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

2. Citizens of the treaty country must own at least 50% of the business and must actively develop and direct that business

3. Treaty Trader requirement: prove substantial international tradeof goods, services, or technology principally between the United States and the treaty country; proof of at least 50% international trade between the US and the treaty country

4. Treaty Investor requirement: direction and development of an investment enterprise, where the investment is real (at risk of loss, irrevocably committed, and possessed and controlled by the investor), substantial, and bona fide

5. Employees of Treaty Trader and Treaty Investor must be employed in executive, supervisory or essential capacity (essential to the firm’s operations) and have the same nationality as the company

6. Spouse of an E-1 / E-2 visa holder can apply for work authorization once in the United States

7. Present evidence requested by specific consulate, according to instructions

Status duration: usually admitted for 2 years and can get extensions in 2 year increments and no time limitation indicated in regulations (i.e., can be renewed indefinitely unless DHS finds the person has immigrant intent) (Exception:special qualification/essential employees for start-up operations generally only given 2 years absent special circumstances) and no time limitation indicated in regulations (i.e., can be renewed indefinitely unless DHS finds the person has immigrant intent)

Where to apply in Italy:

U.S. Embassy Rome

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