Apply for a U.S. Visa

Treaty Traders And Treaty Investors (E-1/E-2)

On this page:

• Important Notice
• Overview
• Qualifications
• How to Apply
• Required Supporting Documents for Treaty Trader (E-1) Visa
• Required Supporting Documents for Treaty Investor (E-2) Visa
• Required Supporting Documents for Dependents

Important Notice

All applicants applying for treaty trader E-1 or treaty investor E-2 visas must email their documents to AIT between 14 and 30 days prior to their interview day. 

This electronic document submission procedure will allow applicants to submit their documents to AIT for pre-screening prior to their interviews, leading to more efficient interviews on the appointment day and less chance of being refused due to incomplete information. Please refer to the below paragraphs for more information about Electronic Document Submission.

Overview

Overview for E-1/E2 countries*

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. Taiwan maintains a treaty of commerce and navigation with the United States. 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. Holders of E visas must intend to depart the United States upon the termination of their E status. 

Overview for E-2 only countries*

To qualify for Treaty Investor (E-2) visas applicants must be coming to the United States to develop and direct the operation of an enterprise in which the applicant has invested a substantial amount of capital. Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. Taiwan maintains a treaty of commerce and navigation with the United States. For a list of all treaty countries, click here.

Qualifications

Qualifications for a Treaty Trader (E-1) Visa

• The applicant must be a citizen of a treaty country;
• 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). 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. or why the applicant possesses qualifying executive or supervisory experience may be required;
• The applicant must intend to depart the U.S. when his/her E-1 status ends. 

Qualifications for a Treaty Investor (E-2) Visa 

• 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. Based on 9 FAM 402.9, 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) and in 9 Foreign Affairs Manual (FAM) 402.9. 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. Please note that a detailed explanation of why the applicant's skills are essential for the enterprise in the U.S. or why the applicant possesses qualifying executive or supervisory experience may be required;
• The applicant must intend to depart the U.S. when his/her E-2 status ends. 

Dependents

The spouse and unmarried children (under 21 years of age) of treaty traders, treaty investors, or employees of enterprises may also 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. Dependents may apply together with the principal applicant.  They may also apply separately at a later time after the principal applicant has received an E visa.  Dependents must provide proof of family relationship.

E visas permit the trader/investor and his/her family to live in the United States during the period of stay authorized by Department of Homeland Security (DHS). E visas are non-immigrant 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. 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.

How to Apply

To apply for an E visa at AIT, please follow the steps listed below.  If you are applying for an E visa renewal or are applying as a dependent, you should also follow these steps to submit your application.

Step 1: Complete the DS-160 online application

Each applicant should complete a DS-160 online visa application.  Be sure to read the Guidelines for Completing the DS-160 Form carefully.  All information must be complete, correct, and accurate.

Step 2: Create your profile

Once you have completed the DS-160 application you will be able to create your profile in the online applicant system and choose your passport delivery method.  Once logged in, choose “New Application/Schedule appointment” on the left side.  If your family members are applying together with you, you can add their records in your profile without creating a separate profile for each of them.

Step 3: Pay your visa application fee

As you go through your profile in the system, you will be prompted to pay the visa application fee.  For more information about payment options and receipt activation times, click here.  After your payment receipt is activated and your documents are gathered (see step 4), you can go back to your online profile to continue the process. 

Step 4: Gather your documents

Click on the appropriate button below to see what required and supporting documents you should prepare. 

• Required and supporting documents for Treaty Trader (E-1) visa
• Required and supporting documents for Treaty Investor (E-2) visa
• Required and supporting documents for Dependents

Step 5: Schedule an interview

Please go back to your online profile to schedule an interview. To schedule an appointment you will need your DS-160 number and payment fee receipt number.  Please note that you must email your documents to AIT for pre-screening between 14 and 30 days prior to the interview date.  Please consider the time you will need to collect your documents prior to scheduling your appointment.

Step 6: Email your supporting documents to AIT (Electronic Document Submission, required starting January 2019)

Please email your supporting documents to AIT at aitevisa@state.gov between 14 and 30 days prior to your interview date. This procedure will shorten your visa interview considerably.   If you have scheduled your appointment and we do not receive your electronic documents between 14 and 30 days prior to your interview date, your appointment will be canceled and you must reschedule it to a later date.  Submissions that do not meet the requirements will also be rejected, and may result in a cancellation or postponement of your interview.  If you re-schedule or cancel your appointment after emailing your supporting documents, please re-send original email with all documents attached to AIT at aitevisa@state.gov.  Please specify both updated and original appointment dates and times.

Electronic submission requirements:

• Subject line: You should enter the appointment date/time/the applicant’s name (in English as listed on passport)/and passport number in the subject line.  For example: Jan 2, 2019/13:00/CHEN, Mei Li/123456789
• Email content: Please enter the following information in your email content.
  - Name of U.S. Enterprise, Business, or Company
  - If more than one applicant from your family is applying together on the same day, please list all applicants’ names, passport numbers, and your relationship. 
  - Your Taiwan phone number.  (We may contact you via email or telephone if additional information is required.  Please check your email before coming to your interview.)
  - Your company’s point of contact information.  (Name of person in charge of E visa applications/Taiwan phone number/email address)
• Attachment limit: Your submission may not exceed 70 pages in total (supporting documents with more than 70 pages will not be accepted for electronic submission).  The 70-page limit is the sum of all pages in the email package; It is not a per file limitation.
• Attachment format: Attach one file per Exhibit listed below (the only acceptable file formats are the following: DOC, DOCX, JPEG, JPG, PDF).  We do not accept zip or online shared folders or links.
• Attachment name: Each file must be named according to its Exhibit. Example: For E-1, you must submit 6 files, named Exhibit A- Company Summary, Exhibit B- Cover Letter, etc.  For E-2, you must submit 7 files, named Exhibit A- Company Summary, Exhibit B- Cover Letter, etc.  For dependents, you must submit 1 file named Applicant Information.
• Email submission: Email these files as 6 (or 7, or 1) attachments to ONE EMAIL to aitevisa@state.gov  at least between 14 and 30 days prior to the interview date. 

Please review your email submission before sending it to ensure that all required and supporting documents have been submitted with sufficient resolution and are readable.  In addition to the electronic submission, you should also bring a physical copy of the entire package sorted by the exhibit order as listed below for the officer to review at the time of interview, and may also bring any additional documentation that did not fit into the 70-page packet to support your application.  We may contact you prior to the interview date for additional information, if needed. 

Step 7: Appear at AIT for an interview

Come to AIT for your interview.  You must bring the following items to your visa interview:

• Appointment confirmation page
• One paper photograph (5cmx5cm, color) taken within the last six months with a white or off-white background. Eyeglasses are not allowed in visa photos. This web page has information about the required photo format.
• Current and old passports for each applicant.  If your previous passports are lost or stolen, you must provide AIT with a Certificate of Entry and Exit Dates (from 1983 to present).  To obtain a Certificate of Entry and Exit Dates, please visit the Taiwan National Immigration Agency’s website for details.  If you have reported your passport lost or stolen, please also provide the police report.
• A receipt showing payment of US$205 non-refundable nonimmigrant visa application processing fee for each applicant, paid in local currency.
• A physical copy of the required supporting documents you submitted electronically sorted by the exhibit order as listed below and any additional relevant documents that did not fit into the 70-page packet.  Please use paper clips to separate each exhibit.  Do NOT staple or put documents in sheet protectors.
• If you have legally changed your name, please bring your most recent Taiwan Household Registration Record (with detailed notes). If you are not a Taiwan resident, please bring your Taiwan Alien Resident Certificate or your Taiwan visa information.
• If you have been arrested or convicted for any offense or crime, please bring the police record or court documents to your interview.  (If the original record was not written in English, please also provide an English translation.)  Please also provide a Taiwan Police Criminal Record Certificate regardless of where you were arrested or convicted.
• If you have abandoned your U.S. lawful permanent resident status (or green card), please provide proof of abandonment.
• Depending on your citizenship, you may also have to pay a visa issuance or “reciprocity” fee at AIT on your interview day.  (AIT strongly advises all customers to bring cash, as our system does not always accommodate credit card transactions. Thank you.)  Taiwan passport holders are not required to pay this fee based on current Taiwan reciprocity schedule. 

The consular officer may still request additional documentation to determine your eligibility for an E visa since circumstances vary greatly by applicant.  For detailed requirements for E visa category and a complete list of suggested documents, review 9 Foreign Affairs Manual 402.9 Treaty Trader and Treaty Investor.

Caution: Do not present false documents. Fraud or misrepresentation can result in permanent visa ineligibility. If confidentiality is of concern, the applicant should bring the documents to the American Institute in Taiwan in a sealed envelope. The American Institute in Taiwan will not make this information available to anyone and will respect the confidentiality of the information. 

Children below age 14 do not have to accompany their parents to AIT for an interview, but they must be physically present in Taiwan on the date of their family’s scheduled appointment.

Access to the AIT’s Nonimmigrant Visa Unit is limited to the following:

• Applicants;
• Parents or legal guardians of applicants under 18 years old;
• Aides of disabled applicants

Appointment holders must have an appointment confirmation page and may not be admitted more than 10 minutes before or after their appointment time.

Step 8: Receive your passport back

You can check your visa application status here.  If your visa application is approved, you will receive your passport back via the method chosen in Step 2, usually within three business days after the visa interview. You can track the status of your passport delivery using your passport number.  Please do not make unchangeable travel plans until you have received your visa. 

Required Supporting Documents for Treaty Trader (E-1) Visa

Required Supporting Documents for Treaty Investor (E-2) Visa

Required and Supporting Documents for Dependents

(Documents must be in DOC, DOCX, JPEG, JPG, or PDF format when submit electronically)

* With respect to all references to “country” or “countries” on this page, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.”  22 U.S.C. § 3303(b)(1).  Accordingly, all references to “country” or “countries” in this context are read to include Taiwan.  This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.