• The entity must be owned primarily by a/a class of TFN(s) (at least 50% of the company stock is owned by TFNs).
• The visa holder must enter the United States to carry on substantial trade (more than 50%) between the US entity and a TFN country ( trade need not be limited to or primarily with the United States).
• The trade must be continuous and in operation at the time of applying for E-1 status.
• The applicant must be an executive or manager of the entity or possess specific skills that make his/her services essential to the employer's operations.
• The non-immigrant visa holder must affirm that (s)he intends to leave the United States upon the expiration of his/her visa.

E-2 Visa Requirements
To qualify for an E-2 investor visa, the applicant must "develop and direct operations of an enterprise in which he or she has invested or is actively in the process of investing a substantial amount of capital." In order to obtain an E-2, an investor must satisfy the following requirements:

• TFNs must be the primary owners of the applying entity (at least 50% of the company stock is owned by TFNs).
• The entity must invest or have invested substantial capital (generally in excess of $100,000) all of which is "at risk", meaning subject to potential loss if the business does not succeed, in a bona fide enterprise in the United States. The term "substantial" as defined by the CIS means:
  • The investment must be significantly proportional to the total investment (usually more than half of the value of the business), or
  • An amount equivalent to or in excess of what is normally considered necessary to establish a new business.
• The applicant must engage in executive or managerial duties or possess skills specific to that organization that makes his/her services essential to the employer's operations.
• The applicant's executive position must provide him/her with authority substantial enough to determine the policy of and direction for the business or a major component of the business. The executive functions must be the primary functions of the employee, and not just incidental or collateral to other duties.
• The supervisory position must grant the employee ultimate control and responsibility for a large proportion of the entity's operations or a major component of the enterprise. It does not involve the supervision of low-level employees. The supervisory element of the employee's position must be a principal and primary function, and not an incidental or collateral function.
• The essential nature of an alien's "special skills" will be determined by assessing the degree of proven expertise of the alien in the area of specialization, the uniqueness of the specific skills in the context of the entity's operations, the length of experience and training received, the period of training normally needed to perform the contemplated duties, and the salary determined which must be commensurate with the special expertise. The applicant's qualifications need to be such that the CIS is persuaded to understand that a U.S. worker is not feasible for the particular position, or, that the employer is making "reasonable and good-faith efforts to recruit and/or train U.S. workers to perform the job" in future.
• The investment must not be marginal (must not be the applicant's sole means of support and/or the goal of the investment must be to create jobs for U.S. citizens or permanent residents).
• The investment enterprise must actually be in existence or the applicant must actively be in the process of investing.
• The applicant's intention to leave the United States upon expiration of his/her visa must be clearly stated.

Application Procedure
E visas are applied for at the various US consulates, most of which have their own forms for application. The visa officers confer with the trade/business attachés to ascertain the validity of the applications and the legitimacy of the entities applying. Each consulate has its own schedules for the granting of such visas after verification of the claims made by the applicants. Applications may also be sent to the CIS adjudication centers with jurisdiction over the visa applicant's entity in order to obtain an adjustment of status.

Duration of Status
E visas may be issued from one to three years and can be extended by increments of five years or the life of the entity if applied through the CIS adjudication centers. The status can be maintained for any number of years indefinitely. To do so, the business entity must remain in operation continuously, and the controlling owners must continue to be Treaty Foreign Nationals from a Treaty Country.