- E-1: Treaty traders pursue substantial trade in goods, including (but not limited to) services and technology, principally between the U.S. and their country of nationality.
- E-2: Treaty investors direct the operations of an enterprise in which they have invested, or are actively investing, a substantial amount of capital in a U.S. business.
Certain employees of treaty traders and treaty investors (that is, those coming to engage in duties of an executive or supervisory character, or, if employed in a lesser position, having special qualifications that make their services essential to the operation of the enterprise) receive the same classification as their employer. For example, the nonimmigrant employee of a treaty trader is admitted in E-1 status, and the employee of a treaty investor is admitted in E-2 status. In addition, the spouses and children of these people, as well as treaty traders and investors, are also eligible for E-1 or E-2 classification, respectively. E-1 and E-2 spouses are also eligible to apply for employment authorization.
Before entering the U.S., treaty traders or investors and their nonimmigrant employees must apply for and receive an E-1 or E-2 visa from a U.S. Consulate or Embassy overseas and subsequently be admitted to this country by CBP. However, a U.S. company may also request a change of status to, or an extension of stay in, E-1 or E-2 classification for a nonimmigrant that is already in the United States.