Curran & Berger LLP

The E-1 and E-2 categories provide temporary visas for nationals of select countries that come to the US to conduct trade between the US and the treaty country or to oversee the operations of an enterprise in which they have invested.  The spouse and children under age 21 of the principal E visa holder may apply for derivative E visas.  The spouse is eligible for work authorization, children are not.  The duration of E visas is governed by the treaty.  For example, citizens of the UK are generally granted an initial two-year visa and extensions are granted for a maximum of five years.

In order to qualify for an E-1 or E-2 visa, you must be a national of a treaty country.  Please refer to the US Department of State list of all treaty countries.  The US Department of State also provides general information and links to forms on their website.  More detailed information and instructions are found on individual embassy and consular websites.  Please refer to the London Embassy and Toronto Consulate websites for two good examples.

A change of status to E-1 or E-2 status may be granted by the USCIS if the national is present in the US in valid nonimmigrant status.  However, once the foreign national leaves the US, he will have to go through the complete E-1/E-2 application procedure at a US embassy or consulate.  Having been granted a change of status to E-1/E-2 in the US does not guarantee that a visa will be issued at the embassy or consulate.  Processing times vary widely among embassies and consulates.  As of November 2008, the London Embassy reports that current review time is 60 days, while Toronto reports a review time of just over 30 days.  Some embassies and consulates allow nationals of other countries to apply for E-1/E-2 visas, while others do not.  These applications are detailed and complex, and we strongly recommend that you consult a reputable immigration attorney before pursuing a visa in either category.

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