(日本語)

Frequently Asked Questions

Treaty Trader (E-1) and Treaty Investor (E-2) visas are authorized based on treaties of commerce between the United States and Japan. Individuals applying for E visas must have Japanese nationality. The U.S. has also concluded treaties of commerce with several other countries, therefore if you are not a Japanese national please refer to the website of the U.S. Embassy or Consulate in your home country.

Note: A treaty investor/trader visa is not a substitute for an immigrant visa. Persons wishing to remain in the United States indefinitely should apply for immigrant visas. Treaty investor/trader visas can be renewed or extended only if the investment or trade continues to meet all applicable requirements ofS U.S. immigration laws and regulations.

To obtain a Treaty Trader Visa (E-1), you must demonstrate:

• The applicant is a national of a treaty country (see 9 FAM 41.51 N3)
• The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country (see 9 FAM 41.51 N3)
• At least 50 percent of the stock of the company is owned by Japanese citizens. Stock held by Japanese citizens who are permanent resident aliens in the U.S. cannot be included in this 50 percent (see 9 FAM 41.51 N3.1 & N14.1)
• The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade (see 9 FAM 41.51 N6)
• The trade 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 (see 9 FAM 41.51 N7)
  (Trade means the international exchange of goods, services and technology. Title of the trade items must pass from one party to the other)
• The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify (see 9 FAM 41.51 N14)
• The applicant intends to depart the United States when the E-1 status terminates (see 9 FAM 41.51 N15)

To obtain a Treaty Investor Visa (E-2), you must demonstrate:

• The investor is a national of a treaty country (see 9 FAM 41.51 N2)
• The appliant has invested or is in the process of investing investment must be substantial (see 9 FAM 41.51 N8)
• The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with assets of the investment enterprise are not allowed (see 9 FAM 41.51 N8)
• The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment (see 9 FAM 41.51 N9)
• 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 (see 9 FAM 41.51 N10)
• 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 (see 9 FAM 41.51 N11)
• The applicant is in a position to "develop and direct" the enterprise (see 9 FAM 41.51 N12)
• The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principle investor, he/she must be employed in a supervisory, executive or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify (see 9 FAM 41.51 N12 & N14)
• The applicant intends to depart the United States when the E-2 status terminates (see 9 FAM 41.51 N15)

Company Registration Procedures: The first step in applying for a Treaty Trader or a Treaty Investor visa is to establish the qualification of the company or operation in the U.S. This process is known as registration. All companies seeking E visas for their owners or employees must be registered with the US Embassy in Tokyo or the U.S. Consulate in Osaka. If your company is not registered, see E-1 or E-2 registration procedures. (updated 04/10/2007)

If your company is registered, see Application Procedures.

Note: If you need the current status of your company registration, please contact the Visa Information Service by email. Please note that you will be charged and need a credit card to pay the fee.

Maintain Company Registration: To maintain your company registry, Form DS-156E and Financial Statements/Tax Returns must be submitted annually. If you do not submit any updates for five years, your company registration will expire. Companies under “expired” registration status must register again with the U.S. Embassy Tokyo or Consulate Osaka. Also, please note that in certain circumstances, even if the company registration status is still valid, the processing time may take the same length of time as it does for an initial registration application.

Application Fee Payment: Initial registration applications must be accompanied by a visa application fee payment. Payments should be made using the Visa Application Fee System.

If your company has an active and up-to-date E company registry, you may make your visa appointment online and pay the application fee in the regular manner.

Spouses and Children: Spouses and/or children under the age of 21 can receive derivative E visas to accompany the employee to the U.S. The application procedure is the same; the I-797A or B covers dependents. If family members apply after the primary applicant's visa has been issued, they will need to include a copy of that visa with their application. Spouses and/or children who do not intend to reside in the United States with the primary visa holder, but visit for vacations only, may be eligible for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program.

There is no requirement that the spouse and/or children of an E visa holder apply for a student (F-1) visa if they wish to study in the U.S. They may study on a derivative E visa. However, if qualified, they may apply for a F-1 visa. If you have school-age children, you should refer to the regulations governing the issuance of F-1 visas.

Spouses may seek employment authorization on derivative E visas. For further information, please contact USCIS after arrival in the U.S.

Due to new security regulations, some applications may require additional clearance and longer processing. Since the application process cannot be accelerated, please apply well in advance of your travel date, and do not purchase plane tickets until you have received your visa. Applicants should refrain from calling the Embassy to inquire about the status of their application. Visa applicants should never assume their application will be automatically approved.