The strongest E-1/E-2 visa cases are not just paperwork. They are built. We structure your trade or investment, document it the way officers expect to see it, and file a case designed to hold up to scrutiny.
E-1 and E-2 status is available to nationals of treaty countries who trade with, or invest in, the United States. For qualifying treaty traders and investors, E status offers a business-based path without an annual lottery or numerical cap.
E-1 and E-2 cases generally fall into several common categories. We will help determine which may apply to your situation, and in some cases more than one theory is available.
For qualifying treaty-country nationals engaged in substantial, ongoing trade, such as goods, services, or technology, principally between the United States and the treaty country.
For someone who has invested, or is actively investing, a substantial amount of capital that is genuinely at risk in a real U.S. business they will develop and direct.
For an executive, supervisor, or specially qualified employee of a qualifying E-1 or E-2 enterprise, sharing the enterprise's treaty nationality even without an ownership stake.
E-1 and E-2 share the same legal foundation and the same broad benefits: no cap, renewable for as long as you qualify, work authorization for spouses. Where they differ is what you are actually building your case on.
| E-1 Treaty Trader | E-2 Treaty Investor | |
|---|---|---|
| What qualifies you | Substantial, ongoing trade, with more than 50% of the enterprise's international trade occurring between the U.S. and the treaty country | A substantial amount of capital, genuinely at risk in a real U.S. business |
| Minimum amount | No fixed minimum. What matters is a steady, recurring flow of trade | No fixed minimum. What matters is the investment relative to the total cost of the business |
| Best fit for | Import/export businesses, trading companies, service providers with cross-border contracts | Founders launching or buying a business, investors funding a U.S. operation they will run |
| Show where the money came from? | Unlike E-2, the primary focus is on qualifying trade rather than an investment of capital | Yes. A documented, lawful paper trail from source to enterprise is central to the case |
Not sure which describes your situation? That is normal. The same business can sometimes support either theory, and we will work through it with you at intake.
For qualifying treaty traders and investors, E status can offer a business-based path to live and work in the U.S., driven by your own enterprise rather than a third-party sponsor or an annual visa cap. Applicants with a standout individual record may also want to compare the O-1A extraordinary ability visa and our extraordinary and exceptional ability visas.
Strong candidates include founders launching or acquiring a U.S. business with capital they control, business owners with an established import/export or services trade with a treaty country, and executives, supervisors, or specially qualified employees brought in to work for a qualifying treaty enterprise.
Our E-1/E-2 approach focuses on core parts of the case: the qualifying enterprise and the trade or investment supporting it.
We confirm your treaty-country nationality against the current State Department list, and the E-1 and E-2 lists are not identical, then evaluate whether the enterprise is positioned to meet the applicable E-1 or E-2 requirements before you invest additional time or capital.
For E-2 cases, clearly documenting the lawful source and path of invested funds is an important part of building the case. We build the paper trail from day one.
Your trade volume or investment is presented as a coherent case for substantiality and non-marginality, not a folder of receipts.
Available on Elite plans. A former USCIS officer reviews your complete case before filing to flag weaknesses before an adjudicator does.
From intake through adjudication, and where applicable future extensions, your attorney and case team support you at each stage.
** Former USCIS officer review is provided in an advisory capacity only and does not guarantee approval or influence USCIS adjudication. All legal work is performed and supervised by licensed attorneys.
Every plan includes attorney-led preparation and filing. Choose the level of protection that fits your situation.
** Former USCIS officer review is provided in an advisory capacity only and does not guarantee approval or influence USCIS adjudication. All legal work is performed and supervised by licensed attorneys.
* Plan benefits, eligibility requirements, and fee protection terms are subject to the Pricing Terms & Conditions and Engagement Agreement.
Government filing and visa fees are separate from attorney fees and vary depending on whether the case is filed with USCIS or processed through a U.S. embassy or consulate. Additional fees may apply. See the current USCIS and U.S. Department of State fee schedules for exact, up-to-date amounts.
Have a specific question about your case? Schedule a free evaluation and we will answer it directly.
Ask an AttorneyAn E-1 or E-2 case is built on the strength of the qualifying enterprise, trade, or investment. Our attorneys work closely with you to structure the case, document the trade or investment, and present a clear argument under the treaty standard. You can also explore our immigration services.
Attorney Advertising: The information on this website is provided for general informational purposes only and does not constitute legal advice. Viewing this website or communicating with SiliconPath PLLC (SiliconPath Law) does not create an attorney-client relationship. Legal advice can only be provided after a licensed attorney reviews your specific circumstances and a formal engagement is established. Prior results do not guarantee a similar outcome.
© 2026 SiliconPath PLLC. All Rights Reserved.