E-1 Visa

Do you and your company want to trade goods and/or services with the U.S.? 

If you answered "Yes" to the questions above, the E-1 visa might be the right choice for you!

Over two trillion dollars (U.S.) worth of foreign goods and services were traded in the last few years on average, and America, "the land of opportunity," continues to inspire more and more international traders to do business with American companies and corporations. International traders from Treaty countries may be able to apply for an E-1 visa to enter the U.S. to participate in substantial trade transactions! If you are one of those interested in doing business in the U.S., read this whole blog to know what you need to do to get the appropriate visa.

 The E-1 or Treaty Trade visa is a nonimmigrant visa for citizens of countries that the U.S. has a treaty of commerce with. While not all countries are eligible, business owners and investors from those who may qualify if they meet several criteria. The E-1 Visa is one of the visas included in the E category. The other type is known as an E-2 Investor Visa. This visa category is for individuals who wish to invest substantially in the U.S. economy.

 

WHAT DOES A TREATY TRADER VISA APPLICANT NEED TO SHOW?

●      Proof that the applicant is a national of a treaty country;

●      That they do not have the intent of permanently living in the U.S. (this can be documented by proof of a foreign residence that the applicant has no interest in abandoning, as well as ties to the foreign country, such as family members, a job, bank accounts, social relationships, etc.);

●      Documentation that the nationality of the trading firm for which the applicant is traveling to the U.S. is a Treaty country—this includes documenting ownership information.

 

For example:

●      Lists of investors with current status and nationality;

●      Company stock certificates;

●      Certificate of ownership issued by the commercial section of a foreign embassy;

●      Reports from a certified public accountant (CPA).

●      Documentation that the nationality of the trading firm for which the applicant is traveling to the U.S. is a Treaty country—this includes documenting ownership information.

 

For example:

●      Lists of investors with current status and nationality;

●      Company stock certificates;

●      Certificate of ownership issued by the commercial section of a foreign embassy;

●      Reports from a certified public accountant (CPA).

●      Evidence of "substantial" international trade between the U.S. and the country of the applicant; i.e., must be a considerable and ongoing volume of commerce between the foreign company and the United States company.

 

The following documents are considered by Immigration in determining whether trade exists between the countries:

●      Bills of lading;

●      Customs receipts;

●      Letter of credit;

●      Trade brochures;

●      Purchase orders and/or insurance papers documenting commodities imported;

●      Carrier inventories and/or sales contracts.

●      More than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality:

●      Trade should be for the international exchange of goods, services, and/or technology, and the title of the trade items must pass from one party to the other.

●      Proof that the applicant is a supervisor or executive of the firm or has highly specialized skills vital to running the company. Proof such as:

●      Certificates, diplomas, or transcripts; 

●      Letters from employers describing job titles, duties, operators' manuals, and the required level of education and knowledge. 

●      Ordinary skilled or unskilled workers do not qualify.
 

CAN MY SPOUSE AND CHILDREN ACCOMPANY ME TO THE U.S. ON AN E-1 VISA?

Yes, your spouse and children under the age of twenty-one can accompany you as dependents.

 

CAN MY SPOUSE AND/OR CHILDREN LEGALLY WORK/STUDY IN THE UNITED STATES WHILE STAYING WITH ME IN THE U.S. ON AN E-1 VISA?

Yes, your spouse and children can work in the U.S. upon receipt of employment authorization. Your children can also study in the U.S.

HOW LONG CAN I STAY IN THE U.S. WITH AN E-1 VISA?

The initial period of entry granted by Immigration is generally for two (2) years. If an extension is filed and granted, it is usually in 2-year increments. There are no limits to the extensions for an E-1 visa.

Therefore, If you are a national of a country that qualifies for the E-1 Treaty Trader program, you can establish your business in the United States and continue doing so for many years, especially because you are allowed to extend your visa indefinitely. Remember, the E-1 visa requires nonimmigrant intent, which means you should not have intended to live in the United States permanently. Your spouse and children under the age of twenty-one can accompany you. They are eligible to work after obtaining employment authorization from the United States Citizenship and Immigration Services (USCIS).
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