NONIMMIGRANT VISA UNIT
IMPORTANT ANNOUNCEMENT TO PROSPECTIVE E-VISA COMPANIES:
Processing time for review of treaty trader/treaty investor applications is about six to eight weeks. During the summer months (May through September) the processing time will be considerably longer.
Also note that incomplete applications can add on even more time. The order in which cases will be handled might thus differ from the order in which they were submitted.
PROCEDURES FOR TREATY TRADER AND TREATY INVESTOR (E-1 & E-2) VISA APPLICANTS
The following is a step-by-step guide to our treaty investor/treaty trader visa application procedures. Please note that companies seeking Treaty Investor/Trader status pursuant to the U.S.-Swedish Treaty of Friendship, Commerce, and Navigation must be majority-owned by Swedish citizens and individual employees must have Swedish nationality in order to qualify for this type of visa. If you have questions about our procedures, please address your inquiry in writing to the "Treaty Visa Officer" at American Embassy, Nonimmigrant Visa Unit, Dag Hammarskjölds väg 31, 115 89 Stockholm, Fax: 08/660 58 79.
Companies that have not already been approved for treaty investor or treaty trader status should follow the steps in Part A.
Visa applicants from a company that has already been approved as a treaty investor or trader should follow the steps in Part B.
PART A – APPLICATION FOR APPROVAL AS TREATY INVESTOR/TRADER
Carefully review the General Information for Treaty Traders & Treaty Investors to determine whether the company and investment meet the requirements for treaty trader/treaty investor status.
Complete the Nonimmigrant Treaty Trader/Investor Application – Form DS-156E. This form can be downloaded from this website or can be mailed to the applicant upon request. You can download the English Adobe PDF Form. The completed application form should include copies of all supporting documentation described in the application form. Failure to provide all supporting documents will delay review of the application.
After review of the application is complete, the representative of the company will be notified in writing of the decision. If the company is approved for treaty investor/trader status, the visa applicant should follow the steps in Part B in order to apply for the visa.
If, upon review of the application, additional information is required, the company representative will be contacted by a member of the Consular Section staff.
PART B – E VISA APPLICATIONS FOR INDIVIDUAL EMPLOYEES AND THEIR SPOUSES AND CHILDREN
Applicants for nonimmigrant visas must be interviewed in person. In order to receive an appointment, please click here to Book an Appointment.
If your company is already approved as a treaty trader or treaty investor, visa applicants should provide the following items with their visa applications:
FOR THE EMPLOYEE ONLY:
A letter from the employer establishing the applicant’s credentials as someone serving in "a supervisory or executive capacity" or "possessing highly specialized knowledge essential to the efficient operation of the firm"; and
a copy of the approval letter which notified the company of its treaty investor or treaty trader status.
An applicant applying for renewal of a previously issued treaty trader/investor visa should be prepared to provide financial and other information to demonstrate that the company still satisfies the requirements.
FOR THE EMPLOYEE AND EACH FAMILY MEMBER:
where the applicant and family members are applying for renewal of previously issued treaty trader/investor visas, the applicant and his/her family members should include airline boarding passes (originals or copies) proving that they are physically present in Sweden.
ADDITIONAL INFORMATION FOR E VISA APPLICANTS
Approval and registration of the company in the Nonimmigrant Visa Unit at the American Embassy in Stockholm (see Part A) is required prior to our issuance of E visa to investors/ traders and their employees. This rule applies even if the applicant has received a change of status to E-1 or E-2 from the Department of Homeland Security (United States Citizenship and Immigration Services (USCIS)) in the United States.
The spouse and children (unmarried and under 21 years old) of treaty traders/investors and their employees must have visas, but need not meet the nationality requirements which apply to the principal applicant.
Fiances and common-law spouses (sambos) do not meet the definition of spouse under U.S. law and are not entitled for E visas until after a legal marriage exists.
Dependent employment in the U.S. Dependents of E treaty investor/trader visaholders may apply to the Immigration and Neutralization Service for employment authorization once they are in the United States.
Employees. Where E-visa status has been granted pursuant to the U.S.-Swedish Treaty of Friendship, Commerce, and Navigation, the employee applicant must be a Swedish citizen and must not be immigrating to the U.S. Persons who intend to stay indefinitely in the U.S. need immigrant visas. In addition, the applicant must be at an executive/managerial level or possess specialist skills which are not readily available on the U.S. labor market and which are essential to the employer’s operations in the U.S.
Treaty visas issued to Swedish passport holders are valid for multiple applications for entry to the U.S. during the visa validity period. The visa validity is a maximum of 24 months for Swedish citizens, but may be less for employees of start-up companies that lack an established record of meeting the treaty investor/trader requirements. The permitted length of stay in the United States is determined by the United States Citizenship and Immigration Services (USCIS) at the port of entry, but is usually for the duration of the visaholder’s E status. A valid visa and passport are always necessary for re-entry to the United States.
Not an Immigrant Visa. 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 of U.S. immigration laws and regulations.
No guarantee can be made that any visa will be issued until a consular officer has considered an application. A consular officer may require additional documentation when necessary. Business plans and travel arrangements that require E visas should not be made until such visas are issued.
A U.S. company has been set up, at least 50% of the ownership is Swedish (stock held by Swedish citizens who are also permanent resident aliens in the U.S. 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 Sweden. 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.
A U.S. company or branch office has been set up and at lest 50% of its ownership is Swedish. 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 Sweden. This company would be likely to qualify for treaty trader registration based on its trade in services.
A Swedish-owned bank sets up a wholly owned subsidiary or branch office in the United States. The bank’s U.S. operation engages in a substantial number of financial transactions, at least 51% of which are with U.S. citizens. This bank would be likely to qualify for treaty trader registration based on its trade in financial services.
BACKGROUND INFORMATION ON TREATY TRADER AND TREATY INVESTOR VISAS
SECTION A – TREATY TRADERS (E-1)
The treaty trader visa is designed for firms and individuals who develop substantial trade between the United States and Sweden.
The U.S. office of the company must engage in substantial international trade. At least 51% of the trade must be conducted between the United States and Sweden. Trade involves the actual exchange of goods, monies or services and is generally demonstrated to exist by the number of transactions as well as by dollar value.
In general, treaty trader visas are available to managers, executives, or individuals with specific skills which are not generally available in the U.S. work force and which make their presence essential to the efficient operation of the enterprise. Unskilled manual workers, clerical workers, or middle/lower level management personnel do not qualify.
Trade in goods includes both exports and imports between the U.S. and Sweden. Trade in monies and services has been interpreted to include international banking, insurance, transportation, tourism, communications, data processing, advertising, accounting, design and engineering, management consulting, and newsgathering activities. Applicants engaged in newsgathering activities, however, should usually received "I" visa classification.
Applicants for treaty trader status are required to document the value, volume, and frequency of their U.S. – Sweden trade, and to show that it is substantial relative to the nature of their firm’s business.
EXAMPLE:
SECTION B – TREATY INVESTORS (E-2)
The treaty investor visa is designed for firms or individuals who invest substantial funds in a business operation in the United States. These investments need not be in the international trade sector.
Since the treaty is designed to encourage investment, the Swedish investing firm or individual must have substantial funds available for investment. A "substantial" investment is generally defined as more than half the value of the U.S. enterprise or more than half the amount necessary to establish a new enterprise of the type contemplated. In addition, the investment must not be marginal, a term used to describe an investment which will generate little more than a living income for the investor(s). The company or individual requesting treaty investor registration must be in a position to develop and direct the enterprise in the United States, which requires control of at least 50 per cent of the U.S. enterprise.
Applicants for treaty investor status will be required to document the monies and/or goods invested in the United States as well as the ownership and anticipated revenues of the investment, and the number of U.S. and other employees.
Individual investors and executive/managerial personnel may be found eligible for the treaty investor visa. Other employees qualify only if they possess specialist skills which are not readily available on the U.S. labor market and are essential to the U.S. operations of the investment enterprise. In addition, technical personnel may qualify if they are required for the establishment of the enterprise, or for the training or supervision of technicians employed in manufacturing, maintenance, or repair functions, or for the continuous development of product improvements and quality control. Low-level managers and employees who perform routine substantive job duties do not qualify.
In the past, treaty investor registration has been approved for a variety of types of businesses, including manufacturers, advertising agencies, law firms, and computer consultancies.
EXAMPLE
An investment in a U.S. business has been made which a Swedish company (or individual) plans to develop and direct. To qualify for E-2 registration, the investment must be of an active type that will create profit and employment in the U.S. (not a passive investment, such as speculative real estate) and must be substantial.
