The E-1 nonimmigrant classification allows a national of a country with which the United States maintains a treaty of commerce and navigation to be admitted to the United States solely to engage in international trade on his or her own behalf.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

The E-2 nonimmigrant classification allows a national of a country with which the U.S. has a treaty to be admitted to the United States. Certain criteria must be met, including:

• Responsibility for developing and directing the business, shown by ownership of at least 50% of the company, or a position as a key employee;

• Investing a substantial amount of cash into the U.S. business, which depends on many factors but is not less than $100,000;

• The U.S. based business must be actively engaged in trade and must also be profitable enough to hire U.S. workers;

• The applicant must plan to leave the U.S. upon termination of his or her business in the country.

Certain employees of such a person or of a qualifying organization may also be eligible for this classification. Furthermore, family members of the applicant may be allowed to stay in the U.S., but will not be permitted to work.