Overview

Foreign nationals seeking to temporarily live and work in the United States often explore nonimmigrant visa options tailored to their individual circumstances. Among the most strategically useful classifications are the E-2 Treaty Investor visa and the TN visa available under the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA. Each offers a unique path based on nationality, professional qualifications, and the nature of the intended U.S. activity.

E-2 Treaty Investor Visa

The E-2 Treaty Investor visa provides a valuable nonimmigrant option for foreign nationals from countries that maintain a qualifying treaty of commerce and navigation with the United States. It is specifically designed for individuals who seek to enter the United States for the purpose of investing a substantial amount of capital into a bona fide American business. The visa fosters international entrepreneurship and economic growth while offering a renewable avenue for treaty nationals to build and manage business ventures on U.S. soil.

To qualify for E-2 classification, the applicant must:

• Be a national of a country with which the United States maintains a treaty of commerce and navigation;
• Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide (legitimate) enterprise in the United States; and
• Be seeking to enter the United States solely to develop and direct the investment enterprise, which may be established by showing at least 50% ownership or possession of operational control through a managerial position or other corporate device.

Another core requirement of the E-2 visa is that the enterprise must not be marginal. It cannot exist solely to provide a minimal livelihood for the investor and their family. Rather, it must have the present or future capacity to generate meaningful income and contribute to the U.S. economy—typically evidenced by hiring at least one employee who is not related to the investor. This job creation component plays a crucial role in establishing the legitimacy and economic impact of the enterprise.

E-2 status is initially granted in increments of up to two years and may be renewed indefinitely, provided the investment remains active and meets all statutory and regulatory criteria. This flexibility makes the E-2 particularly appealing to entrepreneurs and small business owners who intend to remain in the United States for an extended period while maintaining nonimmigrant intent. Although the E-2 visa does not offer a direct path to lawful permanent residence, it may be strategically leveraged as part of a long-term immigration plan, particularly when combined with corporate growth, business restructuring, or an eventual transition to an immigrant category.

In summary, the E-2 Treaty Investor visa serves as a dynamic tool for treaty nationals seeking to build and manage businesses in the United States. When structured and executed properly, it allows for a renewable, family-inclusive, and entrepreneurially empowering presence in the country, without the complexities and caps associated with many other employment-based nonimmigrant visas.

TN Visa: Canadian and Mexican Professionals Under USMCA

The TN visa is a nonimmigrant classification available exclusively to citizens of Canada and Mexico, allowing them to enter the United States for the purpose of engaging in professional employment. This visa category was established under the North American Free Trade Agreement (NAFTA) and continues under its successor, USMCA. Its purpose is to facilitate the cross-border mobility of highly skilled professionals, thereby promoting economic integration and cooperation among the three countries.

To qualify for TN classification, the applicant must meet the following conditions:

• Be a citizen of Canada or Mexico;
• The profession is included in the USMCA;
• The position in the United States requires a USMCA professional;
• Will work in a prearranged full-time or part-time job for a U.S. employer or entity; and
• Has the qualifications to practice in the profession in question.

The individual must also have a bona fide offer of employment from a U.S. employer in a profession specifically listed in Appendix 2 of Annex 16-A of the USMCA, which includes, but is not limited to: Accountants, Architects, Economists, Engineers, Designers, Medical/Allied Professionals,  Scientists, and Teachers. Each profession on the list has specific education and licensing requirements, and applicants must present documentary evidence showing that they possess the necessary academic degrees and professional qualifications. The offered position must be temporary in nature, and self-employment is expressly prohibited under the TN classification.

TN status is typically granted in increments of up to three years and may be renewed indefinitely, provided the individual continues to satisfy the requirements and maintains a clear intention to depart the United States at the conclusion of their authorized stay. Unlike many other employment-based visa categories, the TN classification is not subject to annual numerical limits or prevailing wage requirements, making it a faster and more predictable alternative to other nonimmigrant visas.

However, the TN visa is not a dual intent visa. This means that applicants must maintain a clear nonimmigrant intent and may face challenges if they later seek to adjust to lawful permanent resident (green card) status. Careful legal strategy is often required when transitioning from TN status to a permanent residence pathway to avoid issues of immigrant intent at the border or during consular processing.

In essence, the TN visa provides a valuable and efficient mechanism for Canadian and Mexican professionals to work in the United States on a temporary basis. For qualified individuals in designated fields, it offers a flexible and expedited route to employment, though it must be navigated with attention to its limitations on self-employment and immigrant intent.

Entering the United States

E-2 Visa Applicants. Entry into the United States in E-2 nonimmigrant status requires advance visa issuance through a U.S. consulate or embassy abroad. There is no option for visa-free entry or direct application at the border. Applicants must first submit an E-2 visa application, including Form DS-160, proof of nationality, detailed evidence of the investment enterprise, source of funds, and marginality analysis, along with supporting documentation demonstrating that they meet the E-2 requirements. Following document review, applicants are scheduled for an in-person interview at the consular post. If approved, they receive an E-2 visa, which permits them to seek admission at a U.S. port-of-entry in investor status.

TN Visa Applicants. Procedures for entering the United States in TN nonimmigrant status differ significantly depending on whether the applicant is a Canadian or Mexican citizen. Canadian citizens benefit from a streamlined process: they may apply for TN status directly at a U.S. port-of-entry or pre-clearance/pre-flight inspection station. At the time of entry, they must present proof of Canadian citizenship, a letter from the prospective U.S. employer outlining the terms of the employment, as well as supporting documentation establishing their professional credentials. A formal visa application through a U.S. consulate is not required for Canadians unless they are applying for TN status from within the United States.

Mexican citizens, on the other hand, must obtain a TN visa at a U.S. consulate or embassy abroad before seeking admission at a port of entry. This involves standard consular processing, including the submission of Form DS-160, a visa interview, and presentation of evidence similar to that required of Canadian applicants. Once approved, the individual may enter the United States in TN status at a U.S. port-of-entry or pre-clearance/pre-flight inspection station for the purpose of performing the professional services described in their visa application.

Which Visa Is the Right Choice for You?

Selecting between the E-2 and TN visa classifications depends largely on the nature of your intended activity in the United States, your country of citizenship, and your long-term goals. While both options serve distinct purposes under U.S. immigration law, they are not interchangeable and have very different eligibility criteria, restrictions, and benefits. A clear understanding of these differences is essential to making a strategic and legally sound choice.

Feature	E-2 Visa (Investor)	TN Visa (USMCA Professional)
Nationality Requirement	Treaty country national	Citizen of Canada or Mexico
Purpose	Investment in and operation of a U.S. business	Temporary employment in a USMCA-listed profession
Employment	Self-owned or controlled enterprise	Must be employed by a U.S. employer
Job Creation Requirement	Yes (enterprise must employ at least 1 non-relative)	No job creation required
Visa Duration	2 years (renewable)	3 years (renewable)
Self-Employment Allowed	Yes (if business meets E-2 criteria)	No
Dual Intent Permitted?	No	No

While both visas offer a renewable, nonimmigrant avenue to live and work in the United States, they are suited for distinct profiles. The E-2 is ideal for entrepreneurs and investors who are prepared to make a substantial financial commitment to a U.S. enterprise and take an active role in its management. It provides greater autonomy in business operations but also imposes stricter requirements, including job creation and continued investment risk.

By contrast, the TN visa is designed for qualified Canadian and Mexican professionals who have a valid offer of employment in a designated USMCA profession. It provides a streamlined route to U.S. employment without the capital investment or business ownership obligations of the E-2, but it prohibits self-employment and offers less flexibility in terms of long-term immigration planning.

Ultimately, the right choice depends on your specific goals, qualifications, and immigration strategy. Individuals seeking to build a business and control their own enterprise may find the E-2 visa more appropriate, while those pursuing professional employment in a structured role may benefit from the speed and simplicity of the TN classification. In either case, consultation with qualified immigration counsel is strongly recommended to ensure the chosen path aligns with both legal requirements and long-term objectives.

Conclusion

Both the E-2 and TN visa classifications serve important, distinct roles in the U.S. nonimmigrant visa system. Choosing the appropriate visa requires a careful assessment of the applicant’s nationality, goals, and qualifications. Applicants must ensure compliance with the specific statutory and regulatory requirements of each category and remain vigilant to avoid common pitfalls.

If you’re looking to invest in or work in the United States under the E-2 or TN visa classifications, our team can help. For personalized guidance and assistance, please feel free to reach out to our team at Meng Law Group. You may also contact us via phone at (626) 339-9363 or email us directly at info@menglawgrp.com.