If you or your company have plans to trade in the United States, you might consider applying for the E-1 Treaty Trader visa. Anyone dealing in international goods, services, insurance, and other items of trade have this option available to them. Before you get started with your application, you should get to know the basics about the E-1 visa, its qualifications, and its terms.
What is it for?
An E-1 visa generally allows you to enter the country for the purpose of international trade. In order to meet the most critical condition for E-1 status, your home country must be categorized as a treaty country. Treaty countries maintain a treaty of commerce and navigation with the US.
Why not apply for the E-2?
The E-1 Treaty Trader visa is similar to the E-2 Treaty Investor visa in that they both provide entry to the United States for citizens of treaty countries. You might use an E visa in enterprises like communications, insurance, international banking, tourism, and transportation. While both types allow temporary entry for business purposes, the main difference with the E-2 visa is that it applies only to investors, or those making a substantial capital investment in a US business.
Who is eligible for E-1 classification?
As the applicant, you must be a citizen of a treaty country. People sharing your treaty country’s nationality must own at least 50% of the trading firm you are representing for the purpose of your stay in the US. You can apply either as an individual or an essential employee of a qualifying organization. If you are not an executive or someone with a high-level position, then you may need to prove that you have specialized skills or an essential role in the company.
Once you establish that you are a national of a treaty country, you need to prove that you or your company engages in substantial international trade. While the monetary value of that trade is important, you’ll have a better chance if you can show numerous transactions made over a consistent period of time. The other main qualification for this visa is principal trade. That means over 50% of the total volume of international trade happens between your treaty country and the US.
How long can I stay?
If you qualify and are granted treaty trader status, you will initially be allowed to stay for a maximum of two years. You can request an extension every two years, with no limits on the number of extensions you may be granted.
What else do I need to know?
Treaty trader status gives you the right to bring your spouse and unmarried children under 21. They may apply for E-1 nonimmigrant status as dependents, and generally get to stay for the same period of time. In addition, remember to abide by the terms and conditions that accompany your E-1 status. Your permission to stay in the US only applies to specific circumstances in your work. USCIS will need to approve substantive changes in your company like mergers, acquisitions, and other major events.
If you have any concerns about eligibility, the application process, or the terms and conditions of the E-1 visa, you should consult an established immigration attorney. Sánchez-Roig Law Firm, P.A. can provide you with pertinent legal counsel to suit your individual needs. Call us to take the first confident steps towards a successful visa application.
