E-1/E-2 Treaty Trader/Investor The E-1 “treaty trader” visa is available for individuals involved in “substantial trade” between the United States and their home country. “Substantiality” is not a rigid test, but is assessed in light of the type of goods or services involved in the trade. The trade enterprise must, however, conduct at least 50% of its overall international trade between the home country and the United States.
Similarly, the E-2 “treaty investor” category requires a “substantial investment” in a business enterprise in the United States. “Substantiality” is assessed in regard to the size and type of business in question. The investment cannot be a “marginal” endeavor designed to allow the “investor” to eke out a survival income for himself and his family, but there is no “bare minimum requirement.” Depending on the business, E-2 status can be obtained based on an investment of $50,000 or more.