Embassy of the United States La Paz, Bolivia

U.S. Immigration and Nationality Act provides for visa status for nationals of countries that maintain an appropriate treaty of commerce and navigation with the United States or that is considered to be a treaty country under U.S. law. The applicant must be coming to the United Sates to carry on substantial trade or to develop and direct the operations of an enterprise in which the national has invested, or is actively in the process of investing, a substantial amount of capital. Treaty Trader and Investor visas are nonimmigrant categories. They do not confer permanent residence in the U.S. nor do they lead to U.S. citizenship, although they permit the applicant and qualified family members to live in the US for an extended period. For permanent residence in the United States, there is a separate program based on investment.

To qualify as a Treaty Trader (E-1):

• The firm in the U.S. must have the nationality of a treaty country.
• The applicant must be a national of the treaty country.
• The international trade must be substantial; there must be a sizable and continuing volume of trade.
• The trade must be principally between the US and the treaty country, which is defined to mean that more than 50% of the firm's international trade involved must be between the U.S. and the country of the applicant's nationality.
• Trade means the international exchange of goods, money, services, or technology. Title of items must pass from one party to another.
• The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the operation of the firm.

The term "trade" is defined to include commercial intercourse in goods and trade in services and technology. This includes banking, insurance, transportation, tourism, communications, data processing, advertising, accounting, design and engineering, management consulting, technology transfer, and other measurable services that can be traded.
 
The spouse and minor children (under age 21) of the principal applicant are eligible to apply for visas as dependents (Note: de facto marriages are not accepted for U.S. visa purposes). Each dependent must complete a separate application, and submit separate processing and other visa fees.

To qualify as a 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 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.
• The investment must not be marginal. It must generate significantly more income than needed to provide a living to the investor and family, or it must have a significant economic impact in the United States.
• The investor must have control of the funds, and the investment must be at risk in the commercial sense. For the purpose of measuring the investment, loans secured with the assets of the investment enterprise are not counted.
• The investor must be coming to the US to develop and direct the enterprise. If applicants are not the principal investors, they must be employed as a supervisor, executive, or as the possessor of highly specialized skill.

How Much is Enough?

Must the trading company exist and/or the investment have been made before the visa can be issued?

Trade must already be established at the time of visa application. Investments, however, may be prospective, provided that the funds are irrevocably committed to the investment, contingent only upon the issuance of the visa. Investment funds may come from any country, including the United States, as long as they are controlled by the investor applicant.

What is substantial trade?

Substantial trade contemplates a continuous flow of trade items between the U.S. and the treaty country.This means numerous transactions rather than a single transaction regardless of monetary value.

What is a substantial amount of capital?

There is no fixed amount which is considered substantial. A substantial amount of capital constitutes that amount which is sufficient to ensure the investor's financial commitment to the successful operation of the enterprise as measured by the proportionality test. This proportionality test compares the total amount invested in the enterprise with the cost of establishing a viable enterprise of the nature contemplated or the amount of capital needed to purchase an existing enterprise.

Such comparison constitutes the percentage of the treaty applicant's investment in the enterprise. That percentage must compare favorably in the fashion of an inverted sliding scale starting with a high percentage of investment for a lower cost enterprise. The percentage of investment decreases at a gradual rate as the cost of the business increases. An amount of capital invested in an enterprise is merely presumed to be substantial when it meets or exceeds the percentage figures given in the following examples (given in U.S. dollars):

• 75% investment in an enterprise costing no more than $500,000 (If the cost of the enterprise is substantially lower than $500,000, 85% - 100% investment may be required).
• 50% investment in an enterprise costing more than $500,000 but no more than $3,000,000.
• 30% investment in any enterprise costing more than $3,000,000.

A multi-million U.S. dollar investment by a large foreign corporation is normally considered substantial, regardless of the examples given above.

The investment must do more than merely yield a return capable of supporting the investor and family. A marginal enterprise is an enterprise which does not have the capacity to generate significantly more than enough income to provide a living for the investor, family and other alien employees.

Are joint ventures permitted?

Yes, provided that the business or individual investor applying for the visa is in a position to "develop and direct" the enterprise. The applicant is in such a position by controlling the enterprise through ownership of at least 50% of the business, possessing operational control through a marginal position or other corporate device, or by other means showing the applicant controls the enterprise.

Family and Length of Stay

How long may the Treaty Trader or Investor stay in the U.S.?

The applicant must have the intention of departing the U.S. upon the conclusion of the commercial activities. Nevertheless, holders of E-visas may reside in the U.S. as long as they continue to meet E-visa qualifications.

"Essential employees" may remain only as long as their skills are required to operate the business, and only as long as the owner can show either that U.S. workers cannot be trained to duplicate the skills or that the owner is making reasonable efforts to train U.S. workers as replacements.

For reciprocity tables please visit http://travel.state.gov/visa/fees/fees_3272.html

Is a visa available to the applicant's wife and children?

Yes. Spouses and children under age 21 qualify for derivative E-visas based upon the principal applicant's qualification. It is not necessary that they hold the nationality of the principal applicant.

However, when the surnames of a spouse or children (as appearing on their passports) differ from that of the principal applicant, copies of marriage certificates, birth certificates, or other legal documentation must be submitted to establish the relationship. De-facto spouses and fiance(é)s do not qualify for derivative status.

Dependent E-visa holders are not allowed to work in the United States. To work, they must qualify independently for and obtain an E-visa or other working visa.

Trading Examples:

a. A U.S. company has been set up, at least 50% of the ownership is Bolivian (stock held by Bolivian citizens who are also permanent resident aliens in the US cannot be included in this 50%), the U.S. operation is engaged in substantial foreign imports or exports, and at least 51% of the imports or exports represent trade with Bolivian. This company would be likely to qualify for treaty trader registration based on its trade in goods. In deciding whether the volume of trade is substantial, the consular officer will consider the type of operation, as well as the volume and number of transactions.

b. A U.S. company or branch office has been set up and at least 50% of its ownership is Bolivian. The U.S. operation is engaged in marketing or providing services to a substantial number of U.S. clients relating to computer software which has been developed abroad. At least 51% of the "imported" software originates in Bolivian. This company would likely qualify for treaty trader registration based upon its trade in services.

c. A Bolivian-owned bank sets up a wholly owned subsidiary or branch office in the United States. The bank's US operation engages in a substantial number of financial transactions, at least 51% of which involve U.S. citizens. This bank would be likely to qualify for treaty trader registration based on its trade in financial services.

The Alternate Screening Program is a method for applicants that were previously issued visas, are frequently travelers to the United States or meet certain conditions to apply via DHL courier.