Treaty Traders and Treaty Investors Visas
On this page:
- Overview
- Qualifications for Treaty Trader (E-1)
- Qualifications for Treaty Investor (E-2)
- How to Apply for an E-1 or E-2 Visa
- For more information
- Required Supporting Documents for Treaty Trader (E-1) Visa
- Required Supporting Documents for Treaty Investor (E-2) Visa
- Required Supporting Documents for executives/supervisors of E-2 companies
- Required Supporting Documents for essential employees of E-2 companies
Overview
Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. Thailand is one of these countries. For a list of all treaty countries, click here.
To qualify for Treaty Trader (E-1) and Treaty Investor (E-2) visas applicants must be coming to the United States either to:
- Engage in substantial trade, including trade in service or technology, in qualifying activities, which is principally between the United States and the treaty country; or
- To develop and direct the operation of an enterprise in which the applicant has invested a substantial amount of capital.
The spouse and unmarried children (under 21 years of age) of treaty traders, treaty investors, or employees of enterprises may receive dependent E visas in order to accompany or follow to join their spouse or parent. They are not required to have the same nationality as the principal applicant to obtain an E visa.
E visas permit the investor/trader and his or her family to live in the United States during the period of stay authorized by the Department of Homeland Security (DHS). E visas are nonimmigrant visas; consequently, visa holders are allowed to live in the United States only so long as the conditions under which the visa was granted remain valid. Holders of E visas must intend to depart the United States upon the termination of their E status. Dependents are not authorized to work in the U.S. unless they receive explicit authorization to do so from DHS-USCIS in the United States. Dependents of treaty traders/investors may apply for work authorization after their arrival in the United States.
Qualifications for Treaty Trader (E-1)
- The applicant must be a citizen of a treaty country, e.g.,Thailand;
- The trading firm for which the applicant is coming to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise;
- The international trade must be "substantial" – there must be a sizeable and continuing volume of trade (trade means the international exchange of goods, services, and technology) and title of the trade items must pass from one party to the other;
- The trade of the U.S. enterprise must be principally between the U.S. and the treaty country – more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;
- The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skill essential to the efficient operation of the firm – ordinary skilled or unskilled workers do not qualify. Please note that a detailed explanation of why the applicant's skills are essential for the enterprise in the U.S. may be required; and
- The applicant must intend to depart the U.S. when his/her E-1 status ends.
Qualifications for Treaty Investor (E-2)
- The investor, either a person, partnership or a corporate entity, must have the citizenship of the treaty country – if a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality;
- The investment must be substantial and the funds have to be "irrevocably" committed – the investment must be sufficient to ensure the successful operation of the enterprise;
- The investment must be in a real operating enterprise – speculative or idle investment does not qualify. Uncommitted funds in a bank account or mere ownership of undeveloped land are not considered an investment;
- The investment may not be marginal – the enterprise must either show a financial return that significantly exceeds what is necessary to support a living for the investor or else the enterprise must have the capacity, present or future, to make a significant economic contribution;
- The investor must have control of the funds, and the investment must be at risk in a commercial sense – if the funds are not subject to partial or total loss if business fortunes reverse, then the investment is not an investment in the sense intended by the Immigration and Nationality Act (INA) 101(a)(15)(E). Loans secured with the assets of the investment enterprise do not qualify;
- The investor must be coming to the United States to develop and direct the enterprise – if the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled or unskilled workers do not qualify.
- The applicant must intend to depart the U.S. when his/her E-2 status ends.
How to Apply for an E-1 or E-2 Visa
You will not be able to schedule the interview appointment until we have confirmed that you have submitted all of the required documents and the initial review has been completed.
Step 1
Complete online the Nonimmigrant Visa Electronic Application (DS-160) form.
Step 2
Pay the visa application fee. Save your receipt.
Step 3
Prepare the application and supporting documents using the proper template provided on our website.
Click on the appropriate button below to see what supporting documents you must prepare:
Required Supporting Documents for Treaty Trader E-1 Visa
Required Supporting Documents for Investor/Owner E-2 Visa
Required Supporting Documents for E-2 Executives/Supervisors of E-2 companies
Required Supporting Documents for E-2 Essential Employees of E-2 companies
NOTE: Dependent E-visa applications will only be considered at the same time as the principal applicant or after the principal applicant’s visa has been approved. If dependents do not apply for visas at the same time as the principal applicant, a copy of the principal applicant’s valid, approved E-visa must be submitted with the application. Children below age 14 do not have to accompany their parents to the Embassy for an interview, if the parents and children are applying for the visa together. However, if children below age 14 are applying alone, then parent or guardian must accompany them to the interview.
To e-mail your supporting documents, send your documents to BangkokBusinessTravel@state.gov. On the subject line, write: Surname, given name-E visa application. For example, if your name is John Doe, write on the subject line: Doe, John-E visa application. After you submit your application, you will receive an email confirmation. Please write us a separate email if you do not receive a confirmation email two days after you send your application.
Step 4
Submit the application and required documents to BangkokBusinessTravel@state.gov.
Step 5
Wait for the response confirmation from the Embassy that we have received all of the required documents and the initial review has been completed.
Step 6
Schedule your appointment on this web page. You will need the following information:
- Your passport number
- The “Unique Virtual Account ID/EFT Account Number” that you use to make EFT payment or the "CGI Reference Number" appearing on your receipt. (Click here if you need help finding either of these numbers.)
- The ten (10) digit barcode number from your DS-160 confirmation page
Step 7
Come to the U.S. Embassy for your visa interview 15 minutes before your scheduled appointment. Consulate Chiang Mai does not accept E visa applications or interview E visa applicants. You must bring a printed copy of your appointment letter, your DS-160 confirmation page, one photograph taken within the last six months, your current, and all old passports and the original visa fee payment receipt. Applications without all of these items will not be accepted.
For more Information
Visit the U.S. Department of State's website for more information about Treaty rader and treaty investor visas. For any inquiries related to the Treaty Traders and Investor (E) visa applications, you may contact the Business Travel Unit at BangkokBusinessTravel@state.gov.
Please ensure that you meet all the requirements to submit your E visa application. Failing to follow instructions will cause delays to your interview appointment.
- I have used the template on the website https://th.usembassy.gov/visas/nonimmigrant-visas/
- I have submitted all of the required E visa application documents.
- My application does not exceed 70 pages.
- My attachment does not exceed 50 MB.
**PLEASE DO NOT INCLUDE ANY OTHER DOCUMENTS THAN WHAT ARE LISTED ON https://ustraveldocs.com/th/th-niv-typee.asp
PLEASE NOTE:
You will not be able to schedule the interview appointment until we have confirmed that you have submitted all of the required E visa application documents and the initial review has been completed.
Required Supporting Documents for Treaty Trader (E-1) Visa
Applications must be divided into sections clearly separated by lettered tabs. Each lettered tab should be labeled as described below.
Tab A DS 160 |
For principal applicant(s) and dependent family member(s): DS-160 confirmation page generated by the online system. |
Tab B Biographic Information |
For principal applicant(s) and dependent family member(s):
|
Tab C DS 156E |
Completed form DS-156E. Contact information must include an e-mail address. |
Tab D Cover Letter |
Cover letter describing company, position, and beneficiary. This letter must address all requirements for E visa eligibility as defined by the Foreign Affairs Manual and U.S. law. It should address the following in detail:
|
Tab E Ownership |
Proof of treaty country ownership and controlling interest in the enterprise, as defined by 9 FAM 402.9-4(B).
|
Tab F Substantiality |
Evidence of substantial trade defined by 9 FAM 402.9-5(C).
|
Tab G Principal Trade |
Evidence that trade is principally between the U.S. and the treaty country as defined by 9 FAM 402.9-5(D).
|
Tab H Employee info |
E-1 Executive/Managerial/Supervisory 9 FAM 402.9-7(B) or Essential Skills 9 FAM 402.9-7(C).
|
Tab I Org Chart |
|
Tab J G 28 |
G-28 “Notice of Entry of Appearance as Attorney or Representative” (as appropriate), including contact e-mail address and phone number. |
Required Supporting Documents for Treaty Investor (E-2) Visa
Applications must be divided into sections clearly separated by lettered tabs. Each lettered tab should be labeled as described below.
Tab A DS 160 |
For principal applicant(s) and dependent family member(s): DS-160 confirmation page generated by the online system. |
Tab B Biographic Information |
For principal applicant(s) and dependent family member(s):
|
Tab C DS 156E |
Completed form DS-156E. Contact information must include an e-mail address. |
Tab D Cover Letter |
Cover letter describing the company and the beneficiary’s position. This letter must address all requirements for E visa eligibility as defined by the Foreign Affairs Manual and U.S. law. It should address the following in detail:
|
Tab E Ownership |
Proof of treaty country ownership and controlling interest in the enterprise, as defined by 9 FAM 402.9-4(B).
|
Tab F Substantiality |
Evidence that investment is substantial, as defined by 9 FAM 402.9-6 (D).
|
Tab G Process of Investment |
Proof that funds have been invested or that the investor is actively in the process of investing, as defined by 9 FAM 402.9-6 (B).
|
Tab H Current and Operating |
Proof that the enterprise is currently operating or will open imminently, as defined by 9 FAM 402.9-6 (C).
|
Tab I Marginality |
Evidence that enterprise is more than marginal, as defined by 9FAM 402.9-6(E).
|
Tab J Business plan |
|
Tab K Org Chart |
|
Tab L G-28 |
G-28 "Notice of Entry of Appearance as Attorney or Representative" (as appropriate), including contact e-mail address and phone number |
Required Supporting Documents for executives/supervisors of E-2 companies
Applications must be divided into sections clearly separated by lettered tabs. Each lettered tab should be labeled as described below.
Tab A DS 160 |
For principal applicant(s) and dependent family member(s): DS-160 confirmation page generated by the online system. |
Tab B Biographic Information |
For principal applicant(s) and dependent family member(s):
|
Tab C DS 156E |
Completed form DS-156E. Contact information must include an e-mail address. |
Tab D Employee Information |
Qualifications of executive supervisors defined by 9 FAM 402.9-7(B).
|
Tab E Org Chart |
|
Tab F Employment Contract |
|
Tab G Employer Information |
In addition, please provide the following information about your employer:
|
Tab H G 28 |
G-28 "Notice of Entry of Appearance as Attorney or Representative" (as appropriate), including contact e-mail address and phone number |
Required Supporting Documents for essential employees of E-2 companies
Tab A DS 160 |
For principal applicant(s) and dependent family member(s): DS-160 confirmation page generated by the online system. |
Tab B Biographic Information |
For principal applicant(s) and dependent family member(s):
|
Tab C DS 156E |
Completed form DS-156E. Contact information must include an e-mail address. |
Tab D Employee Information |
Qualifications of essential employees defined by 9 FAM 402.9-7(C).
|
Tab E Org Chart |
|
Tab F Employment Contract |
|
Tab G Employer Information |
In addition, please provide the following information about your employer:
|
Tab H G 28 |
G-28 "Notice of Entry of Appearance as Attorney or Representative" (as appropriate), including contact e-mail address and phone number |