Treaty Visas

According to U.S. Immigration laws, certain citizens from countries who have a treaty of commerce with the United States are eligible for the E-1 Treaty Trader visa, the E-2 treaty visa, and the TN (NAFTA) visa. These are nonimmigrant visas that allow foreigners to enter the U.S. without having to invest a lot of money and capital into a business. If you are unsure if your country has a treaty of commerce and navigation with the U.S. reach out to our treat visa attorneys.

To qualify for an E-1 visa, the treaty trader must:

• Be a national of a country with which the United States maintains a treaty of commerce and navigation
• Carry on substantial trade
• Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.

Not everyone qualifies for this particular treaty visa. In order to become a treaty investor using the E-2 visa, applicants must meet the following requirements:

• You must be from a country that maintains a treaty of commerce & navigation with the United States
• You must have already invested in or be in the process of investing a certain amount of capital into an active commercial or entrepreneurial U.S. enterprise
• Your motive for entering into the U.S. should be focused around investing and directing that particular enterprise. This means that you should own at least 50% of the enterprise and hold a high-level manager position allowing you to have operational control.
• The enterprise that you are investing in cannot be marginal. This means that the enterprise must make enough profit to generate income for the treaty investor and their family.

What does it mean to be the employee of a treaty investor?

With E-2 treaty visas, you can qualify either as a treaty investor or as the employee of a treaty investor. However, in order to be considered an employee of a treaty investor, you must meet certain conditions:

• Your employer must be an official treaty investor
• You must be of the same nationality as your employer
• You must meet the legal definition of “employee”
• You must have special qualifications and proven expertise in some areas of operation or be considered a supervisor or executive in the company/business

The Length of Stay with an E-2 Treaty Visa

When you are a treaty investor, then you are permitted to stay in the U.S. for a maximum of two years. After that, you are able to request for an extension of no longer than two years at a time, but there is no cap on how many extensions you get.

It is also important to note that spouses and children (under 21) of the treaty investor/employee can accompany them with E-2 status.

With the passage of NAFTA (North American Free Trade Agreement) between Mexico, Canada, and the United States, special economic and trade relationships were created which allow for the citizens of each country to gain temporary entry into each other’s countries to engage in professional-level business activities. You may be eligible for TN nonimmigrant status if:

• You are a citizen of Canada or Mexico;
• Your profession qualifies under the regulations;
• The position in the United States requires a NAFTA professional;
• You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment – see documentation required below); and
• You have the qualifications to practice in the profession in question.

Canadian citizens are eligible to enter the U.S. without applying for a visa and presenting the required documentation to US Customs and Border Protection agents when entering the U.S. Mexican citizens, on the other hand, must apply for a visa to enter the United States and can do so by applying directly with the U.S. embassy or consulate in Mexico prior to coming to the US. The initial period of stay is 3 years and spouses and children of the TN nonimmigrant may also accompany them.

If you believe that you qualify to be a treaty investor, the employee of a treaty investor, a treaty trader, or a professional who qualifies under a TN visa, then speak with our Fort Lauderdale immigration lawyer today about applying for a treaty visa. Guerra Saenz, PL is a premier immigration law firm that proudly serves clients and families in and around Fort Lauderdale, FL.

We offer online consultations via email or Skype, and we also do consultations over the phone. We have assisted many clients in situations similar to yours, and we are confident that we can help you achieve positive results. Our elite legal team has a deep understanding of U.S. immigration law, and we can help walk you through every stage of your case.