"E" Treaty Trader/Treaty Investor Visas

Mexican nationals are eligible for Treaty Trader and Treaty Investor non-immigrant visas.

Applicants for the E-1 Treaty Trader visa must either own a firm that has an existing substantial international exchange of goods or services that meets certain requirements, or be a worker of such a firm who meets certain special requirements.

Applicants for the E-2 Treaty Investor visa must be actively investing in a substantial commercial enterprise that meets certain requirements, or be a worker of such a firm who meets certain special requirements.

Unmarried children under the age of 21 and the spouse of Treaty Traders or Treaty Investors are also eligible for the same type of visa as their sponsoring family member.

Treaty Trader/Treaty Investor Visa Requirements

In general, the requirements for a Treaty Trader (E-1) non-immigrant visa are: 

• The individual and/or business possess the nationality of the treaty country.
• The activity constitutes trade within the meaning of INA 101(a)(15)(E).
• Such trade is substantial.
• Such trade is principally between the United States and the treaty country.
• The applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the United States, as defined by the law.
• The applicant intends to depart the United States when their E-1 status ends.

In general, the requirements for a Treaty Investor (E-2) non-immigrant visa are:

• The individual and/or business possess the nationality of the treaty country.
• The applicant has invested or is actively in the process of investing.
• The enterprise is a real and operating commercial enterprise.
• The applicant’s investment is substantial.
• The investment is more than a marginal one solely for earning a living.
• The applicant is in the position to develop and direct the investment.
• The applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the United States, as defined by the law.
• The applicant intends to depart the United States when their E-2 status ends.

A fuller description of the requirements for these visas can be found in 9 FAM 41.51 Qualified legal professionals exist that can advice or assist you in the visa process, but such advise or assistance is not required for you to create or file your application.

How to Apply for an E-1 or E-2 Visa

E-1 and 2 visa applicants are able to apply in the same manner as other visa categories. Please refer to How to Apply for a Visa for additional visa application requirements.

Applicants must bring a packet of documents demonstrating that their business qualifies for this visa and that the applicant is also qualified. These packets should include, but are not limited to:

• Audited and verified financial reports.
• A narrative of the company’s history, from its founding to present.
• A detailed description of any investment, that been has audited and verified
• Your business plan.
• Articles of Incorporation.
• US Federal and state payroll tax filings.
• US Federal, state and local income tax filings.
• Mexican tax filings.
• Your company's organizational chart and photos of the business.
• E-mail contact information 
• A resume and narrative that explain how the applicant is qualified
• Other documents which substantiate assertions made in your application.
• Completed DS-156 E form - photocopies supporting family relationship (if Applicable)

Note: If you are the Treaty Trader (E-1) and/or the Executive/Manager/ Essential Employee (E-2), you must have your employer complete a DS-156E, Non-Immigrant Treaty Trader/Investor Application, which is to be submitted with your application. 

The Day of your Interview at the Applicant Service Center 

All E-1 and E-2 visa applicants and any accompanying family members must be registered at the Applicant Service Center prior to their consular interview.  Children under the age of 7 years need not be present for the interview, but must be physically present in México at the time of the interview, and must also submit a 5 x 5cm photograph.  For photo specifications, please see Visa for Minors.

The Day of your consular interview

• In addition to documentation, for each family member bring:
• Original birth certificates of any children for whom you are applying.
• Original marriage certificate, if applying for your spouse.
• Any other supporting documents necessary to prove or explain the relationship between applicants.

If the visa is approved, the consular officer will determine a maximum validity for the visa.

Applicants are required to pay a reciprocity fee of $100.00 USD per person per year or partial year of validity.

Do not make travel plans until you receive your visa.