A full description of the requirements for these visas can be found in 9 FAM 402.9-5. Qualified legal professionals can advise or assist you in the visa process, but such advice or assistance is not required for you to create or file your application.
E-1 Treaty Trader Requirements
- The applicant must be a national of Suriname or another treaty country.
- If an employee, the applicant must be employed in a supervisory or executive capacity or possess highly specialized skills essential to the successful and efficient operation of the commercial enterprise. Ordinarily, skilled or unskilled workers generally do not qualify.
- The trading firm for which the applicant is coming to the United States must have the nationality of the treaty country (in this case, Suriname).
- The international trade must be “substantial” in the sense that there is a sizable and continuous volume of trade.
- The trade must be principally between the United States and Suriname (more than 50% of all international trade involved must be between the U.S. and Suriname).
- Trade means the international exchange of goods, services, and technology. The item of trade and title of that item must pass from one party to the other in exchange for consideration.
- The applicant must intend to depart the United States when his or her E-1 status terminates.
E-2 Investor Requirement
- The investor, either a real or corporate person, must be a national of Suriname or another treaty country.
- The investor must be coming to the United States solely to develop and direct the enterprise. If the applicant is not the principal investor, the applicant must be employed in a supervisory or executive capacity or possess highly specialized skills essential to the successful and efficient operation of the commercial enterprise. Ordinarily, skilled or unskilled workers generally do not qualify.
- The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage in investment required for a low-cost business enterprise is generally higher than the percentage of investment required for a high-cost enterprise.
- The investment must be in a real operating commercial enterprise. Speculative or idle investments do not qualify. Uncommitted funds in a bank account are not considered an investment.
- The investment may not be marginal. It must have the capacity to generate significantly more income than just enough to provide a living to the investor and his or her family, or it must have a significant economic impact in the United States.
- The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not considered to be at risk.
- The applicant must intend to depart the United States when his or her E-2 status terminates.
- Valid Passport
- The DS-160 application confirmation page
- Treaty Trader Visa (E-1 or E-2) package with required information (typically prepared by applicant’s attorney or immigration specialist)