INA §101(a)(15)(E), 8 U.S.C. §1101(a)(l5)(E); 8 C.F.R. §214.2(e)

There are two types of E visas the E-1 (treaty trader visa) and the E-2 (treaty investor visa). 

Those who wish to obtain an E-visa must: 

1. Enter the  U.S. for indefinite time.
2. Based upon treaty of friendship, commerce and navigation or Bilateral Investment Treaty or other arrangements (NAFTA-Canada and Mexico) between U.S. and country of which s/he is a national.
3. Must be entering:
   1. Solely to carry on substantial trade which is international in scope principally between U.S. and the foreign state of which s/he is a national (E-1 treaty trader), or
   2. Solely to develop and direct the operations of an enterprise in which the alien has invested, or is actively in the process of investing a substantial amount of capital in a bona fide enterprise (E-2 treaty investor). Some countries may have only E-1 treaties or E-2 treaties. Some have both. 9 FAM 41.51, Exhibit 1; Appendix A, infra, or
   3. As a key employee from treaty country of either E-1 or E-2, including executives and supervisors or persons whose services are “essential to the efficient operation of the enterprise.” 8 C.F.R. §214.2(e)(3), or
   4. As a principal employer who is: (a) a person with nationality of treaty country whether in or outside U.S.; or (b) an enterprise or organization that is 50% or more owned by treaty nationals, or
   5. A dependent of one of the above referenced persons.

Required documentation:

• Current number of U.S. employees and contractors; projected future positions
• Proof of funds invested to date (copies of checks, transfers, etc.)       
  
• Proof of bank account opened for U.S. company (bank statements, transactions, etc.)        
  
• Occupational licenses and other related permits       
  
• Tax ID numbers, income tax forms, etc.       
  
• Contracts/receipts from vendors      
  
• I-9's, W-2's, and copies of checks issued for wages and salaries for employees       
  
• Copies of share certificates showing ownership of corporations       
  
• Complete copies of articles of incorporation for U.S. and foreign companies       
  
• Copy of passport (biographic pages and all visa stamps) and I-94 card       
  
• Social security number       
  
• Photographs of foreign corporation, employees, etc.       
  
• Substantial investment in the United States leading to the creation of U.S. jobs
• Business plan outlining future investment scheme       
  
• Approval by the U.S. consul