E Visa Category

The E category is particularly useful for business owners, managers, and employees who need to stay in the United States for extended periods of time so as to oversee or work in an enterprise engaged in trade between the United States and a foreign state or that represents a major investment in the United States.

The E nonimmigrant category is available, however, only if a "treaty of commerce and navigation" or a "bilateral investment treaty" providing for nonimmigrant entries is in existence between the United States and the foreign state (except in the case of Sweden and Australia, which are covered even without a treaty).

The E visa category gives effect to those treaties between the United States and foreign countries that afford for mutual benefits to nationals of each country who invest in the other country or who conduct trade between the two countries.

These treaties offer some special benefits not available to other, similar nonimmigrant categories:

• Duration of Stay: Although an initial period of stay of two years is granted to persons coming to the United States in the E category, this time can be extended almost indefinitely--as long as the alien asserts that he or she will leave the United States when the period of authorized stay, including unlimited extensions, ends.
• Application Process: It is possible to make the application for this status completely through a U.S. consulate abroad. A preliminary petition on Form I-129 does not need to be approved by the INS.
• Special Conditions: E-category aliens do not need to maintain a foreign address during their U.S. stays, as long as they affirm their intent to leave the United States when their time of stay (plus any authorized extensions) expires.

Bear in mind these points when considering use of the E visa category:

• The E visa category can be used for purposes of conducting trade between the United States and the country of majority ownership of the company (E-1), or overseeing investment in the United States (E-2).
• The E visa category can be used by many different types of companies, from one owned by a single investor to a large multinational corporation.
• The E visa category can be used by the company's principals or by its employees, as long as they are performing functions approved by the applicable rules.

Three elements must be present for the E visa category to be available:

1. A treaty must exist between the United States and Country X.
2. Majority ownership or control of the investing or trading company must be held by nationals of Country X.
3. Country X citizenship must be held by each employee or principal of the company who seeks E status under the treaty.
   
   **If any of these three elements is missing, the E visa category cannot be used.**

The papers supporting an E nonimmigrant application consist of the following:

1. Nonimmigrant visa application (Form DS156)
2. Form DS-157 (if applicable)
3. Special E questionnaire (if required by that consulate) Supporting letter from the treaty enterprise or individual investor or trader
4. Supporting documentation satisfying each of the elements of E treaty qualification
5. Passport and passport-sized photograph for the applicant and for each family member
6. Application fee (if required on the basis of reciprocity)
7. Machine-readable visa fee of $65

Apart from the information included on Form DS-156E, the main portion of the E visa application consists of the supporting letter and supporting documentation from the enterprise. Those papers must set forth all of the basic elements for qualification for E treaty status.tter and supporting documentation from the enterprise. Those papers must set forth all of the basic elements for qualification for E treaty status.

Essential elements:

• Reference to the appropriate treaty
• A statement setting out the ownership of the treaty-qualifying company
• Reference to the nationality of the individual for whom the visa application is made

In addition to the three essential elements above, the cover letter must also include the following information, depending on whether it is for treaty- trader (E-1) status or for treaty-investor (E-2) status:

1. The nature of the company's trading business;

2. The volume of trade being conducted;

3. The percentage of total trade (by volume) between the U.S. operation and the treaty country;

4. The duties to be performed by the individual for whom the application is being made; and

1. The nature of the investment activity, i.e., the business to be conducted;
2. The total value of the investment enterprise or the amount required to start up such an enterprise;
3. The size and amount of the investment, including the proportion of the investment amount to the total value of the enterprise or start-up costs;
4. The components of the investment, including cash, assets, inventory, and loans, and the source and security for such loans;
5. The steps taken to undertake the investment, including the irrevocable commitment of capital and resources;
6. The prospects for the employment of U.S. workers through the investment, including any workers already employed;
7. The duties to be performed by the individual for whom the visa is sought;
8. The qualifications of that individual to fulfill those duties.

Family Members of the E Visa Holder

Family members of the E visa holder are permitted to enter the United States with the visa holder. Included in this category is the spouse of the visa holder, as well as minor unmarried children under the age of 21. Once children attain the age of 21 or get married, they are no longer entitled to remain in the United States in treaty status.

Each family member needs a separate visa application filed in conjunction with that of the principal E applicant. The application consists of the State Department Form DS-156, the applicant's passport, passport-sized photographs (usually 2), the application fee (if required), and the machine-readable fee of $65.