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USA E-1 & E-2 Treaty Visas: Can Indians Apply?
Quick answer: E-1 (Treaty Trader) and E-2 (Treaty Investor) visas are only available to citizens of countries that have a qualifying treaty with the United States. India is not a treaty country, so Indian citizens cannot apply directly. Some Indian entrepreneurs first acquire citizenship of a treaty country; others use EB-5, L-1 or O-1 visas instead.
The E-1 Treaty Trader Visa and the E-2 Treaty Investor Visa are nonimmigrant visas that allow nationals of countries that have a treaty of commerce and navigation with the United States to work and invest in the U.S. These visas are particularly attractive for entrepreneurs and business owners looking to expand their operations to the American market.
The E-1 Treaty Trader Visa is available to individuals who carry on substantial trade, principally between the United States and the treaty country. Trade includes the exchange of goods, services, and technology. At least 50% of the applicant's total international trade must be between the U.S. and the treaty country.
The E-2 Treaty Investor Visa is available to individuals who invest a substantial amount of capital in a U.S. business. The investment must be real and active, and the investor must own at least 50% of the enterprise or have operational control through a managerial position. There is no specific minimum investment amount, but the investment must be sufficient to ensure the successful operation of the enterprise.
Both visas are typically granted for an initial period of two years and can be renewed indefinitely, as long as the qualifying trade or investment continues. Spouses and unmarried children under 21 may accompany the visa holder, and spouses may apply for work authorization in the U.S.
Frequently asked questions
Can an Indian get an E-2 visa?
Not as an Indian citizen. You would need citizenship of an E-2 treaty country, which is a long-term and costly route.
What are alternatives to E-2 for Indians?
EB-5 (green card by investment), L-1 (intra-company transfer for business owners with an Indian company), and O-1 (extraordinary ability).
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