Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 23 of 29) in pdf

E-2 Nonimmigrants

The E-2 classification is for aliens who are nationals of a country with which the United States maintains a

qualifying treaty or an international agreement, or which has been deemed a qualifying country by legislation,

and who are coming to the United States to develop and direct the operations of an enterprise in which the alien

has invested or is actively in the process of investing a substantial amount of capital. The Department of State

maintains a list of countries with qualifying treaties. See

https://travel.state.gov/content/visas/en/fees/treaty.html

for a list of qualifying countries.

Write E-2 in the classification block.

An E-2 must demonstrate possession and control of capital and the ability to develop and direct the investment enterprise

and the ability to develop and direct the investment enterprise. Capital in the process of being invested or that has been

invested must be placed at risk and be irrevocably committed to the enterprise. The enterprise must be a real, active, and

operating commercial or entrepreneurial undertaking that produces services or goods for profit. The investment must be

substantial and the funds must not have been obtained, directly or indirectly, from criminal activity. The enterprise must

be more than marginal.

An employee of an E-2 who possesses the same nationality as the E-2 employer may also be classified as E-2. The

employee must principally and primarily perform executive or supervisory duties or possess special qualifications that are

essential to the successful or efficient operation of the enterprise.

The petition must be filed with evidence of:

1. Ownership and Nationality of the E-2 treaty investor. Such evidence may include, but is not limited to, lists of

investors with current status and nationality, stock certificates, certificate of ownership issued by the commercial

section of a foreign embassy, and reports from a certified personal accountant;

2. Substantial investment. Such evidence may include, but is not limited to, copies of partnership agreements (with a

statement on proportionate ownership), articles of incorporation, payments for the rental of business premises or office

equipment, business licenses, stock certificates, office inventories (goods and equipment purchased for the business),

insurance appraisals, annual reports, net worth statements from certified profession accountants, advertising invoices,

business bank accounts containing funds for routine operations, funds held in escrow; and

3. For E-2 employees only: Executive or Supervisory Duties or special qualifications essential to the enterprise.

Evidence of such duties or qualifications may include, but is not limited to, certificates, diplomas or transcripts, letters

from employers describing job titles, duties, operators’ manuals, and the required level of education and knowledge.

Advice on E-1 and E-2 petitions

You must obtain approval from USCIS when substantive changes occur in the terms or conditions of the status of the

treaty trader, investor, or E employee. To do this, file Form I-129 and E-1/E-2 Classification Supplement, with fee, and

request an extension of stay.

You may seek advice from USCIS to determine whether changes in the terms or conditions in E status are substantive.

To obtain advice, file Form I-129 and E-1/E-2 Classification Supplement, with fee. Answer “Yes” to the question on the

Supplement which asks whether you are seeking advice.

Free Trade Nonimmigrants (H-1B1 and TNs)

The Free Trade Nonimmigrant classifications (H-1B1 and TN) are temporary nonimmigrant classifications based on the

provisions of a Free Trade Agreement between the United States and the alien’s country of citizenship. Currently there are

two stand-alone Free Trade Nonimmigrant classifications available: TN and H-1B1.

The TN nonimmigrant classification is for aliens who are citizens of Canada or Mexico covered by the North

American Free Trade Agreement coming to the United States to engage temporarily in business activities at a

professional level. Depending on the specific type of business activity, a TN must at least have a bachelor’s degree

or, in certain limited instances, other appropriate credentials which demonstrate status as a professional. The

acceptable types of TN business activities at a professional level are listed at 8 CFR 214.6(c).

Write TN in the classification block.

Form I-129 Instructions 01/17/17 N

Page 23 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 23

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