Ans:

An alien can obtain a Treaty Trader or Treaty Investor visa (E-1/E-2) only if a treaty of commerce and navigation or bilateral investment treaty providing for such entries exists between the United States and the country of nationality of the foreign company or investor. A list of countries which U.S. has such treaties with is attached. The second requirement is that the company or individual engaging in trade or investment in the U.S. must have the same nationality as the treaty country. Third, the principal investor or trader and the employees of the treaty company must have the same nationality as the treaty company. With regards to traders, a) the trading company must be engaged in "trade," b) the trade must be "substantial," c) the trade must be "principally between the U.S. and the treaty country, i.e., more than 50%, and d) the employee or principal must serve the company either in a managerial role or one involving "essential skills." With regards to investors, a) the investor must make an irrevocable commitment of funds which is an actual, active investment, b) investment must be substantial and must be investors own resources which are at risk, c) the investment should create job opportunities for U.S. workers, d) the alien must come to develop and direct the investment, act as qualified manager or specially trained and highly qualified employee.

Trade and investment (E-1 and E-2) status are in effect with the following countries:

Only E-1 treaty-trader status exists with the following countries"

Only E-2 treaty-investor status exists with the following countries: