This category is for nationals of countries with which the U.S. has investment and/or trade treaties. (Some countries have only a trade or an investment treaty, but not both. Israel, for example, has only an E-1 trade treaty, but not an E-2 investment treaty.) The business must be majority-owned by nationals of the treaty country before it can serve as a basis for an E-2 or E-1 application. Any shares owned by persons who are now permanent residents of the United States or U.S. citizens cannot be counted toward the foreign treaty country's percentage.

Treaty Investor:

To obtain a treaty investor visa, a national of a treaty country must invest a substantial amount of capital in a U.S. business. A person can qualify either as the principal owner/investor or as a key or responsible employee (who has invested no money or some money). A responsible employee is either in a managerial or supervisory position or has skills essential to the operation of the business.

There is no requirement as to the precise amount of the investment. "Substantial" is measured by the type of business (ice cream shop vs. automobile plant) and whether the business existed previously. In the case of a new business "substantial capital" is the amount necessary to start and adequately capitalize the business and give majority ownership to treaty country nationals. In the purchase of an existing business, "substantial capital" would be an amount necessary to accord a majority interest to treaty country nationals through the purchase.

The investment must not be solely for the purpose of earning the investor and his or her family a marginal living. A marginal income is that which can only support the investor and his or her family at a modest level. Such a condition will not exist when the treaty business employs U.S. workers; or generates significant revenues. Similarly, an investor who can demonstrate that he or she has substantial income from sources other than the treaty investment business will overcome a "marginal" business finding by a consular officer or the INS.

Treaty Trader:

The treaty trader must own or principally control a U.S. company which principally (i.e., more than 50% of the U.S. entity's business) trades with the treaty country (either import or export). There must be a substantial volume of trade, which can mean one or several large shipments or many smaller shipments. Trade need not be in goods, per se. Banking, insurance and services companies may also qualify as E-1 companies.

As a matter of practice, most users of the E-2/E-1 visa categories are managerial and executive personnel of large multinational companies.