	ESTA & Visa Waiver Program American Citizen Services U.S. Visa Information Immigrant Visa Section Travel to the U.S. Study in the U.S. Press and Culture U.S. Embassy Programs American Reference Center Publications Doing Business with the U.S. GEI/SNAP Recruitment Services Foreign Agricultural Service America.gov Fulbright Commission Frequently Asked Questions
	Contact Us

TREATY TRADERS AND TREATY INVESTORS

The Immigration and Nationality Act provides non-immigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the U.S. and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital which is at risk in a commercial sense.

Since May 27, 1931 Austria and the United States have a qualifying Treaty of Friendship, Commerce and Navigation agreement.

Treaty Trader (E-1) Requirements:

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. Please note that the nationality of an enterprise is determined by the nationality of the enterprise's owner(s);
The international trade must be "substantial" in the sense that there is a sizeable and continuing volume of trade (trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other);
The trade of the U.S. enterprise must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved 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 skill essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify. Please note that a detailed explanation of why the applicant' skills are essential for the enterprise in the U.S. is required.

Treaty Investor (E-2) Requirements:

The investor, either a real or corporate person, must be a national of the treaty country;
The investment must be substantial and placed "at risk" and the funds have to be "irrevocably" committed as well. The investment must be sufficient to ensure the successful operation of the enterprise. If the funds are not subject to partial or total loss if business fortunes reverse, then the investment is not an investment in the sense intended by the Immigration and Nationality Act (INA) 101(a)(15)(E) and in 9 Foreign Affairs Manual (FAM) 41.51.;
The investment must be in a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or mere ownership of undeveloped land are not considered an investment. Payments in the form of leases or rents for property or equipment may be calculated towards the investment in an amount limited to the funds devoted to that item in any one month;
The investment may not be marginal. Based on 9 FAM 41.51, the enterprise must either show a financial return that significantly exceeds what is necessary to support a living for the investor or else the enterprise must have the capacity, present or future, to make a significant economic contribution;
The investor must have control of the funds. Loans secured with the assets of the investment enterprise are not allowed. Loans secured with personal assets are acceptable;
The investor must be coming to the United States to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Based on 9 FAM 41.51 Note14.3 a detailed explanation of why the applicant's skills are "essential" for the enterprise in the United States is required or based on 9 FAM 41.51 Note 14.2 a detailed explanation of why the applicant possesses qualifying "executive or supervisory" experience.

"E" visa application Processing:

First Time Applicants:

First time "E" visa applications may be submitted in person (without an appointment) during our VIP hours (Mon through Fri between 01:00 p.m. and 02:00 p.m.). The initial adjudication can only begin after in-person submission of the "E" visa application. We cannot commence our review before this initial screening (including taking fingerprints) is complete. The time frame required for the initial review of all "E" visa applications is approximately 4-6 weeks. Please note that “E” visa applications for employees of already established "E" visa enterprises might require less processing time.

Applications for "E" visa renewals:

Applications for “E” visa renewals may be submitted by mail, messenger or in person (without an appointment) during our VIP hours (Mon through Fri between 01:00 p.m. and 02:00 p.m.). Upon receipt of the complete application package, we can begin our review of the application. When the review is complete (which might take several weeks), an interview appointment will be scheduled. Please note that the final visa processing will take about one week after the date of the interview (if the visa is found to be approvable at the time of the interview).

All "E" visa applicants must:

Complete the Non-immigrant visa application form http://www.usembassy.at/en/embassy/cons/niv_forms.htm;
Fill out the treaty trader/investor visa supplemental application form DS-156E as well and submit it along with the application. Please note that the DS-156E is not required for any dependents applying together with the treaty trader/investor applicant; and that the DS-156E is – as of March 01, 2010 – only required for the employees (Manager/Executive/Essential Employees) of E-1 and E-2 enterprises;
Pay the visa application fee (all "E" visa applicants, including dependents);
Follow the photo instructions thoroughly. Noncompliant photos will be rejected.

Important Hints for preparing "E" visa applications:

When submitting the supporting documentation make sure that:

The documentation is well organized using tabs for annexes or exhibits;
All figures are submitted in Euro or U.S. amounts using standard U.S. numerical format to avoid confusion. Do not use European formats, such as using a comma to mark the decimal place;
A notarized statement indicating the "E" visa applicant's intent to depart the United States upon termination of status is included;