E-1 Treaty Trader Category
Under treaty trader status, which is denoted by the E-1 subcategory, treaty nationals can enter the U.S. to work for an enterprise engaged in substantial trade principally between the U.S. and the treaty country provided,
- The enterprise is majority-owned by treaty nationals (either other companies or individuals).
- The alien must be employed in a supervisory or executive position or one involving skills essential to the operation of the enterprise.
E-2 Treaty Investor Category
For Treaty Investor status, the investment enterprise must be at least 50 percent owned by nationals of the treaty country, and the alien investor or employee must also be a national of that country. Further,
- The principal alien must direct and develop the business
- The employee treaty alien must be filling a supervisory or executive capacity or one requiring a highly trained or specially qualified technical employee
- The investment must be active, not just passive investment such as in stock or real estate.
- It must involve funds and assets for which the investor is personally at risk; loans secured by the assets of the enterprise are not acceptable.
- The investment must be substantial
- The investment cannot be marginal [sufficient only to support the investor and his or her family].