Treaty traders & investors

IMPORTANT NOTICE FOR APPLICANTS WHO ARE NEITHER CITIZENS NOR RESIDENTS OF COSTA RICA

We highly recommend that applicants (including applicants for E visas) apply in their countries of permanent residence.  It may be more difficult for visa applicants who are not citizens or legal residents of Costa Rica to demonstrate their qualifications for this type of visa at Embassy San Jose than it would be in their country of residence.  Any questions or concerns regarding the qualifications of such applicants may result in unforeseen delays or a refusal of the visa.

ABOUT THIS VISA

A special nonimmigrant visa classification, the “E” visa, exists for citizens of countries with a treaty of commerce and free navigation with the United States.  Costa Rica and the United States maintain such a treaty.
To qualify for an E visa, the applicant must be coming to the United States to carry on substantial trade or to develop and direct operations of an enterprise in which he or she has invested, or is in the process of investing, substantial capital.  The E visa is a nonimmigrant visa classification.  It does not confer permanent residence in the U.S. nor lead to U.S. citizenship, although it may permit the applicant and qualified dependents to live in the U.S. for an extended period.  A separate immigrant visa classification exists for certain types of investors.  The E nonimmigrant visa classification treated in this section is also different from the E immigrant visa available for certain types of workers.
There are two types of E visas: Treaty Trader visas (E-1) and Treaty Investor visas (E-2). 

How to qualify for a Treaty Trader Visa (E-1): 

• The applicant and the trading firm for which the applicant will work must be nationals of Costa Rica or another country with a commerce/free navigation treaty with the U.S.
• The applicant and trading firm must be engaged in “international trade” as defined under U.S. law.  The trade must be “substantial.”  In other words, there must be a sizable and continuing volume of trade instead of a single transaction. 
• The trade must be principally between the U.S. and the treaty country.  In other words, more than 50% of the international trade of the firm must be between the U.S. and the country of the applicant's nationality. 
• The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the firm’s operations in the U.S.
• The applicant must demonstrate an intention to depart the U.S. at the end of his or her E-1 status.

How to qualify for a Treaty Investor Visa (E-2):

• The investor (either a real or corporate person) must be a national of Costa Rica or another country with a commerce/free navigation treaty with the U.S.
• The investor must have made, or be in the process of making, a “substantial” investment in an enterprise in the U.S.  The investment must be sufficient to ensure the successful operation of the enterprise, and must be substantial in terms of its percentage of the overall investment in the enterprise.   
• The investment must be in a real operating enterprise.  Speculative or idle investment does not qualify. 
• The investment must not be “marginal.”  It must generate significantly more income than needed to provide a living to the applicant and his or her family, or it must have a significant economic impact in the United States. 
• The applicant must have control of the funds to be used in the investment, and the investment must be at risk in the commercial sense.
• The investment must put the applicant’s personal assets at risk. 
• The applicant must be coming to the U.S. for the sole purpose of developing and directing the enterprise. If an applicant is not the principal investor, he or she must be employed by the enterprise as a supervisor or executive, or must possess a highly specialized skill essential to the success of the enterprise.
• The applicant must demonstrate an intention to depart the U.S. at the end of his or her E-2 status.

ADDITIONAL QUESTIONS

What is “trade”?

"Trade" means the international exchange of goods, services, moneys and/or technology.  This may include banking, insurance, transportation, tourism, communications, data processing, advertising, accounting, design and engineering, management consulting, technology transfer, and other measurable services that can be traded. 

What is a “substantial” investment?

There is no fixed amount that is considered substantial. “Substantial” capital is that amount which is sufficient to ensure the investor's financial commitment to the successful operation of the enterprise, as measured by the proportionality test. This test compares the total amount the investor has invested in the enterprise with the cost of establishing a viable enterprise of the nature contemplated, or with the amount of capital needed to purchase an existing enterprise.  The percentage of investment required decreases as the overall cost of the business increases.

Must trade or investment already be established before the visa can be issued?

To qualify for an E-1 visa, ongoing trade must already be established at the time of visa application.  For an E-2 visa, however, investments may be prospective, provided the funds are irrevocably committed to the investment, contingent only upon the issuance of the visa.  Investment funds may come from any country, including the United States, as long as they are controlled by the investor applicant, and the investor applicant is a national of a treaty country other than the U.S.

Are joint ventures permitted?

Yes, provided the investor applying for the visa (or the business he or she controls) is in a position to "develop and direct" the enterprise.  The applicant is in such a position if he or she owns at least 50% of the venture or has operational control through a marginal position or some other corporate device.

How long may the Treaty Trader or Investor stay in the US?

The applicant must have the intention of departing the U.S. upon the conclusion of the commercial activities. Nevertheless, holders of E visas may reside in the US as long as they continue to meet E-visa qualifications.
"Essential employees" may remain in the U.S. only as long as their skills are required to operate the business, and only as long as the owner of the firm can show either that U.S. workers cannot be trained to duplicate these skills, or that the owner is making reasonable efforts to train U.S. workers as replacements.
For Costa Ricans, the E visa can remain valid for up to 60 months. Normally, when you enter the U.S. for the first time, immigration officers will authorize a stay of up to one year, with the possibility of extending the stay as long as the visa holder and his/her family continue to be eligible for an E visa.

Is a visa available to the applicant's wife and children?

Yes. Spouses and children under age 21 qualify for derivative E visas based upon the principal applicant's qualification.  It is not necessary that they hold the nationality of the principal applicant.  However, when the surnames of a spouse or children (as appearing on their passports) differ from that of the principal applicant, copies of marriage certificates, birth certificates, or other legal documentation must be submitted to establish the relationship.  De-facto/ common law spouses and fiance(é)s do not qualify for derivative status. 
Dependent E-visa holders are not allowed to work in the United States. To work, they must qualify independently for and obtain an E visa or other work visa.

APPLYING FOR AN E VISA

As with other non-immigrant visa classifications, applicants for E visas must submit a visa application (DS-156 and, for males ages 16 to 45, DS-157), pay the fee, and be interviewed and fingerprinted.  Before an interview can be scheduled, however, E visa applicants must submit a packet of documents demonstrating their qualifications for the E visa.  These packets may include business plans, tax documents, corporate registration papers, payroll information, a resume of the applicant, and a description of the trading business or investment enterprise.  A cover letter indexing the documents should also be included.
Packets should be addressed to “Consular Section – E Visa Officer” and delivered to the U.S. Consulate in person or via DHL or other carrier.  The following addresses may be used:

Street Address: Calle 120 Avenida 0, Pavas, San José, Costa Rica 
Local Mailing Address: 920-1200 San José, Costa Rica 
U.S. Mailing Address: Consular Section, US Embassy San Jose, DPO AA 34020

Once we receive the packet, we will contact you to set up an interview appointment.  Please ensure that we have your contact information.  We make every effort to set appointments within two weeks of receiving the documents.  Please be advised that we may ask for additional information at the interview.

Contact Information

If you have any additional questions please contact at consularsanjose@state.gov. Please allow up to 5 business days for a response.

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