E-1 and E-2 Treaty Trader and Investor
Classifications available to nationals of countries that maintain a qualifying treaty with the United States.
Last verified: 2026-09-07
General overview
E-1 covers substantial trade principally between the United States and a treaty country. E-2 covers a substantial investment in a bona fide U.S. enterprise that the investor directs and develops. Both depend on the applicant's nationality and on the existence of a qualifying treaty, which is why nationality is usually the first question.
Main application stages
- 1Nationality and treaty check with authorized U.S. counsel
- 2Business plan, source-of-funds and enterprise documentation
- 3Application to a consular post or petition with USCIS, as applicable
- 4Interview and decision
Who may consider this pathway
- Entrepreneurs and business owners who hold a treaty-country nationality
- Companies with significant ongoing trade with the United States
- Investors evaluating an active U.S. business
General eligibility considerations
- Nationality of a country with a qualifying treaty
- Substantial, at-risk and irrevocably committed investment for E-2
- A real and operating enterprise rather than a passive holding
- Substantial and principal trade for E-1
- Intent to depart when the status ends
Common documentation categories
- Proof of nationality
- Source-of-funds and transfer records
- Business plan, financial projections and corporate records
- Trade records and contracts for E-1
Important limitations
- Nationality drives eligibility; not every country has a treaty
- Marginal enterprises that only support the investor are generally not sufficient
- There is no fixed minimum investment figure and no guaranteed outcome
Frequently asked questions
Does Iran have a qualifying treaty?
Treaty lists are maintained by the Department of State and change over time. Check the official list, and confirm your case with authorized U.S. counsel.
How much must I invest?
There is no published fixed amount; the assessment is proportional and legal in nature, so it belongs with U.S. counsel.
Official sources
Last verified: 2026-09-07
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