NAFTA Provisions for E-1 and E-2 Visas

The usual documentary waiver provisions for Canadian citizens under NAFTA do not apply to the E-1 Treaty Trader classification or the E-2 Treaty Investor classification. Therefore, unlike the TN, B-1, B-2, and L-1, Canadian citizens must apply for an E-1 visa at a U.S. Consulate. This is particularly important for a Canadian individual to take into account when already in the United States and seeking to change status internally to an E-1 or E-2 as they could run into delays should they need to leave the country and be readmitted under the E-1 or E-2 status. In that scenario, where status was changed internally to an E-1 or E-2 and the individual left the United States, the individual would need to obtain a visa from a U.S. consulate prior to seeking re-admittance to the U.S. under the E-1 or E-2 classification.