Treaty Trader (E-1) or Investor (E-2) Visas

Under the provisions of the Immigration and Nationality Act, the legacy 1982 Treaty of Commerce and Navigation between the United States of Yugoslavia allows Croatian citizens who are entrepreneurs or their employees to reside in the United States in order to: 

• Engage in substantial trade, including trade in services or technology, or
• Develop and direct the operations of an enterprise they have invested in, or otherwise invest capital.

The maximum length for which an E-1 or E-2 visa can be issued is 5 years. The length of time is solely the judgment of the consular officer deciding the case.  E 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.  There is no limit to the number of extensions possible.  However, please be clear that these visas are not immigration visas, and the visa holder is allowed to live in the United States so long as the conditions and commercial activity, under which the visa was granted, remain valid.

Treaty visa holders may be accompanied or followed by spouses and unmarried children who are under 21 years of age.  Their nationalities need not be the same as the treaty investor or employee.  These family members may seek Treaty nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay.  Spouses may work in the United States if they have obtained an Employee Authorization Card from the Department of Homeland Security. They may apply for this card after they enter the United States.

Use of B1/B2 Visas for Investors

Potential investors may seek out investment opportunities, sign contracts, and take other steps to purchase or establish a business while traveling on B1/B2 status. However, applicants may not develop and direct a business while in such status. State Department regulations state (9 FAM 41.31 N9.7), "an alien seeking investment in the United States, including an investment that would qualify him or her for status as an E-2 investor, is precluded from performing productive labor or from actively participating in the management of the business prior to being granted E-2 status." Such actions are impermissible whether or not the investor receives any payment for his work.

Requirements

The United States welcomes the commercial activity generated from Croatian Treaty trader/investor applicants. However, applicants must meet specific requirements to qualify. These differ based upon the type of commercial activity intended.

Treaty Trader

• The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country.
• The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade.
• The trade must be principally between the U.S. and Croatia, which is defined to mean that more than 50 percent of the trade involved.
• 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.

Example of a Treaty Trader

A firm located in the Republic of Croatia that designs and manufactures software sells many of its products in the United States. However, it has neither retail stores nor any manufacturing or other places of business there.  If the volume of its transatlantic trade is significant and continuous, and this firm’s U.S. trade makes up more than 50% of its total international trade, then the business could qualify for Treaty Trader status and the owner of the business or some of its employees might be eligible for E-1 visas.

Treaty Investor

• 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.
• 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.
• 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.
• The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
• 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. Ordinary skilled and unskilled workers do not qualify.

Examples of a Treaty Investor

An individual located in the Republic of Croatia might purchase or establish (to own at least 50%) of a software firm located in the United States. This firm operates at a profit or employs a significant number of American citizens. If all the other conditions for the visa are met, the investor could obtain an E-2 visa to enter the United States in order to operate the business and oversee the investment. The investor would also be able to send qualified employees who are Croatian citizens to work in this business if they meet certain specific requirements.

Applying

Every applicant, regardless of previous visa issuances, must adhere to the following guidelines for the E visa process. These are also available on the www.state.gov website. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. Croatians living and working in Croatia are encouraged to apply at the U.S. Embassy in Zagreb. Those who are resident elsewhere are advised to contact the U.S. Embassy or Consulate closest to them in that country.

Pay careful attention to the information requested below. We do not provide an estimate of how much time will be needed to process the visa. No assurances regarding the issuance of visas can be given in advance. Therefore, final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.

Step One: Initial Review of Intended Commercial Activity and Interview Scheduling.

Treaty visa applicants must submit prior to the visa interview a well-organized binder of documents characterizing the commercial activity. Documents must establish that the trading enterprise or investment enterprise meets the requirements of the law.  

Once the review is completed, the E-visas Unit will contact the investor to arrange an interview date. The thoroughness with which the application and supporting documentation are prepared influences the amount of time Consular officers need before approving an interview.

The photo should be taken within the last 6 months, and should be in accordance with U.S. visa photo guidelines. See the required photo format explained in Non-Immigrant Photograph Requirements. The application form requires a digital photo to be uploaded as part of the application process. You will need to upload this photo when you fill out the on-line visa application.

Steps Three and Four: Fill out Required Documentation and Pay Fees

Each applicant for the visa must pay a nonrefundable $160 application fee at any branch of Zagrebacka Bank (PLEASE NOTE: an additional fee of $110 for E visa will be paid at the Embassy). Applicants must also provide:

• Form DS-160 Nonimmigrant Visa Application, completed and signed.
• Form DS-156E (PDF 587KB) Treaty Trader/Investor Application, completed and signed (page 4 of the DS-156E form provides detailed examples of supporting documentation needed for the application).

Step Five: Collect Supporting Documentation that may be Helpful in your Interview

An applicant will be asked to provide evidence illustrating that their stay in the United States will be temporary. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly. Supporting documents can be found by clicking here.

If you have ever had a problem with law enforcement or the courts, including expunged or pardoned cases, please click here (PDF 588 KB) for information about additional required documents. Lack of recommended documentation at your interview may delay visa issuance.

Step Six: Appear for your Interview at the Scheduled Time

As part of the visa application process, an interview at the embassy consular section is required. During the visa interview, ink-free fingerprint scan will be taken, as well as a digital photo. Some applicants will need additional screening, and will be notified when they appear for the interview. Please be sure to bring the following to your interview:

• The confirmation page from your on-line DS-160 application.
• One recent color photo (click here for photo guidelines).
• A Croatian passport valid for travel to the United States.
• Original receipt from Zagrebacka Bank showing appropriate fee paid.
• One recent color photo (click here for photo guidelines) 
• Supporting documentation.

Step Seven: Collect your Visa

If approved, your visa will be ready the following business day (Monday through Friday) at 3:00 p.m., and passports can be picked up in person at the consular entrance. Alternatively, applicants may opt to have their passports be returned by registered mail or by arranging a delivery via private courier. Find out how by clicking here.

Please let us know if you have any further questions. You may also call between the hours of 1:30 and 2:30 p.m., Monday-Friday at 385-1-661-2300.