USA and the UK
- E1 Treaty Trader Visa Program Overview
- Qualifying for an E1 Visa
- Benefits of Obtaining an E1 Treaty Trader Visa
- E1 Visa Requirements: What You Need to Know
- The E1 Visa Application Process
- Required Documents
- Going From an E1 Visa to a Green Card
- Who Needs the Assistance of an E1 Visa Attorney?
- E1 and E2 Visas: What You Need to Know
- Business Immigration Lawyers: How We Can Help
- Frequently Asked Questions
E1 Treaty Trader Visa Program Overview
The E1 visa exists to facilitate trading with nations with which the United States has signed trade agreements. Citizens of these nations who engage in substantial trade with the United States or work for an organization that does may qualify for the E1 visa. Numerous aspects of commerce, including finance, insurance, tourism, journalism, technology, and the exchange of products and services, may fall under the E1 category.
An E1 visa holder may also be permitted to bring their immediate family, which consists of their spouse and unrelated children under the age of 21. Visa holders may enter the United States and remain for up to two years. This stay can be extended, and there is no maximum number of extensions permitted. Once in the United States, only the spouse may petition for a work permit.
Qualifying for an E1 Visa
The applicant for this form of visa must work for a U.S.-affiliated international trade organization or originate from a country with which the United States has a trade agreement, such as NAFTA. Foreign nationals applying for an E-1 Visa must possess the following:
- The alien must be a citizen of a treaty-trading nation and a participant in international commerce.
- The applicant must enter the United States to engage in substantial trade or establish and oversee the operations of a business that engages in commercial trade with his or her home country.
- The substantial nature of trade depends on the magnitude of the trade, the quantity of transactions, and an ongoing course of trade, and is not explicitly attached to monetary value.
- The commerce must primarily occur between the United States and the treaty nation.
- The Parent Company or worldwide organization of the treaty enterprise is not required to be principally engaged in trade with a U.S. treaty country. More than fifty percent of the enterprise’s total trade volume must be conducted with the treaty country.
- The trade must entail international exchange (binding contracts effectively negotiated by all parties) of goods, including the transfer of ownership of the goods between the United States and a treaty country.
- These visas are intended for managerial and supervisory personnel; therefore, menial employees and workers with average skills are typically not eligible. However, other personnel with special qualifications whose services are essential to the effective functioning of the enterprise may also be eligible for this visa.
- The E-1 visa holder may be an independent trader, an emissary or employee of a trader or a trading company, or a member of the trading company’s immediate family.
Under the immigration law, to qualify for an E1 visa, the treaty businessman investor, or entrepreneur must enter the United States for trade-related activities.
To qualify as trade under U.S. law, there must be (a) a meaningful exchange of products, money, or services, and (b) an international scope.
IAS as a qualified immigration attorney, can provide legal counsel and assist you throughout the process. Call us on +1 844 290 6312.
Benefits of Obtaining an E1 Treaty Trader Visa
There are several benefits for the trader visa holder:
- E1 visas are typically granted for a maximum of two years, during the duration of which the holder can move freely in and out of the U.S.
- An E1 visa is renewable in two-year increments for a limitless amount of times. This can enable the Treaty Trader to remain in the United States for a longer period of time in order to assure the sustained success of the business entity.
- When returning to the United States, an E1 holder who has traveled abroad is typically granted a two-year readmission period.
- The trading company will grant an E1 holder legal permission to labor in the United States.
- In contrast to the L1 visa, qualified employees are not required to have previously worked for the Trader for a minimum of one year.
- Visas can be obtained for an E1 applicant’s spouse and unattached children (under the age of 21) who accompany him or her. The applicant’s spouse can submit an application for a work permit in the United States with no restrictions as to the location of employment. However, the offspring can not take employment.
Argentina, Estonia, Latvia, Singapore, Australia, Ethiopia, Liberia, Slovenia, Austria, Finland, Luxembourg, Spain, Serbia, Belgium, France, Macedonia, Suriname, Bolivia, Japan, Germany, Mexico, Croatia, Sweden, Bosnia Herzegovina, Greece, Montenegro, Switzerland, Brunei, Honduras, The Netherlands, Thailand, Canada, Iran, Norway, Togo, Chile, Israel, Oman, Turkey, China (Taiwan), Italy, Pakistan, United Kingdom, Colombia, Paraguay, Yugoslavia, Costa Rica, Jordan, Philippines, South Korea, Poland, Denmark, Kosovo,
Duration of Stay
A treaty trader may initially be admitted for a maximum of two years. The spouse and minor offspring of the principal treaty trader will get admitted for the duration of the principal’s valid status as a treaty trader.
Extensions of stay may be granted in two-year increments, with no upper limit on the alien’s cumulative length of stay. A treaty trader with legitimate E-1 status may file a request for an extension of remain on Form I-129 and E Supplement, along with the necessary supporting documentation.
Trade is Substantial
To satisfy the requirement of “substantial trade,” products or services must be continuously exchanged between the two countries and entail numerous transactions over time.
Consular officers reviewing substantial trade for E1 visas concentrate on the volume of transactions rather than their monetary value, although the latter may be considered.
The E1 Visa Application Process
If the foreign national is already lawfully present in the United States, he or she needs to submit an application for a treaty trader visa at a USCIS field office by filing for a change of status, extended stay, or change of employment.
This classification does not necessitate an employment petition for foreign nationals outside the United States. If outside the United States, the foreign national must register for an E-1 visa directly with a US consular office abroad.
The following is a list of documents that must accompany the E-1 visa petition. The list is not exhaustive, and specifics of your application should be discussed in detail with a licensed attorney.
Depending on the circumstances, additional documents may be required. The list comprises the following items, but is not limited to them:
- A passport valid for travel to the United States with a validity date that extends at least six months beyond the intended length of stay;
- Visas issued by the United States that correspond to Form I-94
- Two photographs are required for each visa applicant.
- Documents establishing the nationality of the organization;
- Employer’s letter outlining the alien’s position, specialized qualifications, and skills that make his services indispensable to the enterprise’s operation.
- Evidence of considerable trade between the United States and the alien’s home country for at least one year;
- Copy of the U.S. entity’s corporate documents, business license, and lease agreement
- Balance statements were included in Financial Statements
- Evidence of property including apparatus
- Photographs of the enterprise
- List of Employee Company Tax Returns and Payroll paperwork
- Business Strategy/Project
- Wire transfer to the United States and a bank statement indicating a deposit
- Current company bank statement
- Funding Source of the Company
- Personal financial statements
- Resume Real Estate Deed
- Evidence of significant commerce
Going From an E1 Visa to a Green Card
The E1 visa permits foreign nationals to conduct business in the United States and expand their overseas businesses and divisions in the United States, but unlike all other nonimmigrant visas, it does not inevitably lead to a green card.
Options for converting an E1 visa to a green card include:
- EB-5 Investor Visa
- EB-2 NIW
- Employer-sponsored EB-2 and EB-3
- Family-based sponsorship of the green card
Who Needs the Assistance of an E1 Visa Attorney?
A non-immigrant visa known as an E1 visa is issued to foreign nationals who want to enter the United States in order to engage in international trade with a country that is a treaty partner. The Secretary of Labor has compiled a list of specialized jobs, and these people have been conscripted to work in one of them. The following are some examples of them:
- Data processing
- Transfer of technological know-how
Your company must engage in international trade between the United States and treaty countries. Your business must maintain an uninterrupted flow of products and services between the United States and your home country.
Continuous implies that international trade needs to happen regularly, as opposed to being a one-time event. In other words, trading $25,000 USD every three months is preferable to trading $100,000 USD once. The crucial factor is the frequency of transactions over time. E1 Visa lawyers can provide legal advice to treaty trader countries.
In order to get E1 Visa, Treaty traders must have the same nationality as the main noncitizen employer (who holds the nationality of the treaty country). To be considered an “employee” under the relevant laws, a person must meet certain criteria.
Immigration lawyers can help business entities and treaty traders to obtain E1 visas and check whether the treaty traders included in the qualifying treaty country have made substantial trade, qualified for treaty trader visa, updated the visa status, and advised e visa application. Call us on +1 844 290 6312.
How Long Does E1 and E2 Visa Valid for?
You are eligible for an approved stay in the United States of up to two years after entering the country on an E1 and E2 visa, which is valid for a maximum of five years.
If you are in possession of a valid E1 visa and want to extend your stay in the United States beyond the allotted two years, you must leave the country and then re-enter it in order to be granted an extra two years of E1 status.
The length of time for which an E1 visa application is accepted is determined by the degree of reciprocity that exists between the United States and the particular treaty nation.
Trade Treaties Qualification
The trade must predominantly occur between the United States and the citizen’s home country.
More than 50% of the volume of international commerce must be between the United States and the treaty trader’s country of citizenship, regardless of whether the trader is an individual or a corporation. In other terms, more than fifty percent of import and export activity must involve the United States.
The remaining transactions may consist of international or domestic trade.
The E1 visa regulations and laws are complex, and the petitioners have to overcome a challenging immigration system in the United States. The only professionals permitted to practice law in the United States are licensed immigration attorneys, who can provide legal advice about immigration laws and legal document preparation.
Our experienced E1 visa attorneys can assist you in determining if you or your company can meet the substantial trade requirement to qualify for the E1 visa, guiding you toward the E1 visa application process, strategizing your case, assisting you with the E1 visa documents, and communicating with the US Consulate abroad or USCIS to obtain the E1 visa.
Call us on +1 844 290 6312 for immediate help & assistance with your situation. We’re here to help you in person, via the phone or online.
Last modified on June 23rd, 2023 at 10:26 am
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The E1 Visa is for treaty traders while the E2 visa is designed to enable foreign nationals from countries with which the United States has treaties to operate in the United States for an enterprise in which they have made substantial investments. While in the United States, the visa holder may only labor for the sponsoring employer or self-owned enterprise.
Due to the multiple filing fees, like the USCIS filing fee, the cost of an E-1 visa may appear to be high. The fee is approximately $320 for a single applicant and $640 for two applicants (a family of two).
The E1 visa processing time at US Embassies and Consulates varies between 2 and 4 months on average.