November 1, 2023

Which Countries Qualify for an E-1 or E-2 Visa in 2023

By Anish Parikh and Sonia Mann, Attorneys at Parikh Law Group

Navigating the intricacies of U.S. immigration law can be challenging. For businesses, investors, and specialty occupation workers alike, the E Visa category offers a unique opportunity to live and work in the U.S. However, one common question often arises: Which countries qualify for an E Visa?

Understanding the E Visa

The E Visa, often referred to as the Treaty Trader and Investor Visa, is a non-immigrant visa that permits nationals of treaty countries to engage in substantial trade or investment activities in the U.S. 

There are two main types of E Visas: E-1 Treaty Trader Visas and E-2 Treaty Investor Visas. Additionally, the E-3 category is for Australian specialty occupation workers.

To qualify for an E-1 or E-2 Visa, applicants must be citizens of treaty countries and must engage in substantial trade or investment activities in the U.S. They must also meet other criteria, like demonstrating that the trade is principally between the U.S. and the treaty country.

Explanation of Treaty Countries

Treaty countries are those with which the U.S. maintains a treaty of commerce and navigation. These treaties foster economic interaction and strengthen diplomatic relations between the U.S. and treaty nations. For an E Visa, the nationality of the treaty country is a fundamental eligibility criterion.

Countries Qualified for an E Trader or Investor Visas

The list of treaty countries is extensive, encompassing nations from all continents. As of 2023, notable countries include Australia, Japan, the United Kingdom, Canada, Mexico, Germany, France, South Korea, and many others. The U.S. Department of State maintains a comprehensive and updated list of treaty countries.

E Visa Application Process

The E Visa application process is a multistep procedure that requires careful attention to detail. The process typically involves the following steps:

  • Confirm Eligibility: Before beginning the application process, it’s crucial to ensure that you meet the eligibility criteria for an E Visa. As previously discussed, this includes being a national of a treaty country and demonstrating substantial trade or investment activities with the U.S.
  • Gather Documentation: The E Visa application requires extensive documentation to prove eligibility. This includes evidence of trade or investment activities, such as sales contracts, financial statements, and business plans. It also includes personal documents, such as your passport.
  • Complete Form DS-160: This is the online Nonimmigrant Visa Application Form, which must be completed and submitted online. The DS-160 form requires personal information, details about your purpose of travel, and other relevant information.
  • Pay the Visa Application Fee: After completing the DS-160 form, you’ll need to pay the visa application fee. The fee varies depending on the type of visa and the applicant’s nationality.
  • Attend Your Visa Interview: Once your application is submitted and your fee is paid, you can schedule a visa interview at the U.S. embassy or consulate in your home country. The visa interview is an essential part of the application process, as it allows a consular officer to assess your eligibility for the visa.
  • Wait for Processing: After the interview, your application will be processed. You will be notified of the decision once processing is complete.

While this process may seem straightforward, it can be complex and time-consuming. Therefore, it’s often beneficial to work with an experienced immigration lawyer who can guide you through the process and help ensure that your application is successful.

Tips for a Successful E Visa Application

A successful E Trader or Investor Visa application depends on various factors. 

First, substantial evidence of trade or investment activities is crucial. This could be in the form of sales contracts, business plans, financial statements, or other related documents. 

Secondly, it’s important to provide comprehensive documentation that proves the applicant’s intention to return to their home country once their visa expires.

Working with experienced immigration attorneys, you can increase your chances of obtaining an E Visa and pursuing business activities in the United States.

Importance of Legal Advice in the E Visa Application Process

The complexities of immigration law make it prudent to seek professional legal advice when applying for an E Visa. An experienced immigration attorney can provide valuable guidance throughout the process, helping to ensure that all documentation is correctly prepared and submitted, thus increasing the likelihood of a successful application.

Parikh Law Group, with its team of dedicated Chicago immigration attorneys, is experienced in E Visa immigration and its complexities. Our experienced team understands the specific requirements of the E Visa process and works diligently to ensure a smooth application process, working to ensure the best possible outcome for your E Visa application. Contact us today for a consultation and let us help you get the process started.