Treaty Traders and Treaty Investors-E VISAS

(return to visa categories)

Treaty trader or treaty investor visas are available for nationals of a country with which the United States has a treaty of commerce and navigation, who seek to carry on substantial trade,  including trade in services or technology  principally between the United States and the treaty country;  or who seek to develop and direct the operations of an enterprise in which the national has invested;  or who are in the process of investing a substantial amount of capital in the United States.  The Netherlands does have such treaties with the United States.  Treaty trader or treaty investor visas are also available for supervisory and executive-level employees of treaty traders and investors who possess the same nationality as the treaty trader or treaty investor.

REQUIREMENTS:   TREATY TRADER (E-1)

• The applicant must be a national of a treaty country;
• The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country;
• The international trade must be "substantial" in that there is a sizable and continuing volume of trade;
• The trade must be principally between the U.S. and the treaty country, with more than 50 percent of the international trade between the U.S. and the country of the applicant’s nationality;
• “Trade” means the international exchange of goods, services, and technology.  Title to the traded items must pass from one party to the other; and
• The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm.  Unskilled workers and most skilled workers do not qualify because such employees are available in the United States.

REQUIREMENTS:   TREATY INVESTOR (E-2)

• The investor, either a real or corporate person, must be a national of a treaty country;
• The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;
• The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds not at risk, for example, and funds in a bank account or similar security, are not considered an investment;
• The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;
• The treaty 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 allowed; and
• The investor must be coming to the U.S. to develop and direct the enterprise.

Employees of treaty investors must be employed in a supervisory, executive, or highly specialized skill capacity. Unskilled workers and most skilled workers do not qualify because such employees are available in the United States.
 
Applicants must demonstrate that they have Dutch nationality.

HOW TO APPLY

Dutch treaty trader applicants must submit application materials to the Consulate General in Amsterdam for review and approval before a visa can be issued. 
 
Please review these procedures:

1.  Applications will only be accepted with full documentation, including your DS-160 confirmation page with confirmation number (see step 2 of our application instructions), proof of fees paid, copies of marriage and birth certificates for derivative family members, and photos for each principal applicant and associated family member. E visa applicants must also complete and submit the Nonimmigrant Treaty Trader/Treaty Investor Application, DS-156E.  Since the supporting documents may make for voluminous files, we encourage applicants to submit their documents on a CD-ROM as opposed to hard copies.  Application forms noted above must be provided in hard copy, however.
2. Applications may be submitted either by mail or by appointment. The application must include a cover letter and contact information, including an email address. If you wish to make an appointment to submit application materials through the appointment, please see instructions on how to make an appointment through our call center.  If you wish to mail your application, please address it as follows:
   
   E-Visa Issuance
   U.S Consulate General Amsterdam
   Museumplein 19
   1071 DJ  Amsterdam
3. New applications can currently take nine weeks or longer. Do not make travel plans until you have been notified that your application is approved. New applicants are often asked for additional documents, so accurate contact information is important.
4. Renewals for new or current employees for pre-qualified Dutch based corporations will be reviewed within nine weeks. All companies need to be re-qualified every five years by submitting form DS-156E. Changes in ownership or corporate structure require reapplication and the issuance of new visas. Please also allow up to nine weeks for review of these applications.
5. Applicants in all E categories will be contacted and asked to come to the Consulate General for a personal interview when their application has been processed.  An invitation to a visa interview does not guarantee that the visa will be issued, only that the application has been reviewed. Final interviews are conducted Monday through Friday between 8:30 and 11:00 am (no appointment is necessary). The principal applicant and all family members aged 14 and over must appear at the Consulate General in Amsterdam for the application interview and bring passports and self-addressed, registered return envelopes for each applicant with them.  Children under 14 not coming to Consulate General need to be in The Netherlands when other family members come for their interview.  Passports and visas (when approved) will be returned via registered mail within three working days.
   
6. Do not contact the Consulate for information on the status of your case. You will be contacted if more information is required, and when the officer is ready to schedule your interview.
   
7. If you are unclear of your qualifications, please refer to our website, the Department of State’s website at www.travel.state.gov, or consult an immigration attorney.

PLEASE NOTE:

• Changes in status from one visa class to another, requires a new visa.
  
• Dependents are not eligible for derivative status after the age of twenty-one.
  
• Status adjusted by DHS in the US requires the visa to be issued in the applicant’s Consular District by making application for a visa and personal interview.  Please contact our call center to make an appointment.