E-1 Treaty Traders Visa

The E1 visa is a type of visa that allows business people in certain countries that have agreements with the United States to do business between their own countries and the United States.

You can find all the details about the E1 visa in this article. If you have any questions or concerns, please do not hesitate to contact us via info@meritllp.com.

1. What is the E-1 Treaty Traders Visa?

The E-1 visa, in the non-immigrant classification category, is a type of visa that allows you to do business with the United States in many areas.

2. Who can get an E-1 visa?

If you are a national or citizen of one of the countries that maintain an international agreement with the United States or that the United States has determined as a country eligible to do business in accordance with its laws, you can also obtain an E-1 visa.

The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States solely to engage in international trade on his or her own behalf.

Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

3. What makes the E-1 visa advantageous?

• You can freely enter, travel and exit the USA with this visa,
• You can work legally in the USA with this visa,
• Your spouse may benefit from E-1 status and apply for an employment permit,
• If your children are under 21 and unmarried, they can go to school with E-1 status.

4. What are the E-1 Visa requirements?

• You must be a citizen of one of the countries that maintains an international treaty with the United States, such as a commerce and navigation treaty, or that the United States has determined by its law to be a country eligible to do business with.
• If you are a citizen of one of the designated countries, you can apply for an E-1 visa (please see: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html).
• If your business is a joint venture, you can apply for an E-1 visa if you can meet exceptional circumstances.
• The business you do must be considered Business under the laws of the United States.
• Your trade must be important to the United States.
• The volume rate of your trade must be acceptable to the United States.
• You must be in an important position for the company.
• You must have intention to leave the United States if your E-1 visa expires.

Apart from these general explanations, the general qualifications of the treaty trader and the employee of a treaty trader should be evaluated under separate headings.

a) General Qualifications of the Employee of a Treaty Trader

To qualify for E-1 classification, the treaty trader must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation;

Carry on substantial trade; and

Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.

Trade is the existing international exchange of items of trade for consideration between the United States and the treaty country. Items of trade include but are not limited to:

Goods, Services, International banking, Insurance, Transportation, Tourism, Technology and its transfer, Some news-gathering activities.

Substantial trade generally refers to an amount of trade sufficient to ensure a continuous flow of international trade items between the United States and the treaty country. The continuous flow contemplates numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction. While monetary value of transactions is a relevant factor in considering substantiality, greater weight is given to more numerous exchanges of greater value. For smaller businesses, the income derived from the value of numerous transactions which is sufficient to support the treaty trader and their family is a favorable factor.

Principal trade between the United States and the treaty country exists when over 50% of the volume of international trade of the treaty trader is between the United States and the treaty country of the treaty trader’s nationality.

b) General Qualifications of the Employee of a Treaty Trader

To qualify for E-1 classification, the employee of a treaty trader must:

• Be the same nationality of the principal noncitizen employer (who must have the nationality of the treaty country)
• Meet the definition of “employee” under relevant law
• Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications that make the employee’s services essential to the efficient operation of the treaty enterprise.

If the principal noncitizen employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country. These owners must either: (a) be maintaining nonimmigrant treaty trader status or (b) if the owners are not in the United States, they must be, if they were to seek admission to this country, classifiable as nonimmigrant treaty traders.

Duties which are of an executive or supervisory character are those that primarily provide the employee ultimate control and responsibility for the treaty enterprise’s overall operation, or a major component of it.

Special qualifications are skills and/or aptitudes which make the employee’s services essential to the efficient operation of the treaty enterprise. There are several qualities or circumstances that could, depending on the facts, meet this requirement. These include, but are not limited to:

• The degree of proven expertise in the employee’s area of operations
• Whether others possess the employee’s specific skills
• The salary that the special qualifications can command
• Whether the skills and qualifications are readily available in the United States

Knowledge of a foreign language and culture does not, by itself, meet this requirement. Note that in some cases a skill that is essential at one point in time may become commonplace, and therefore no longer qualifying, at a later date.

5. E-1 Visa Application process

Applying for an E-1 visa is a comprehensive and multi-step process. During this process, there are forms to be filled and evidence to be presented. If you intend to apply for an E-1 visa, we recommend that you seek assistance from a professional attorney.

If you are not in the United States at the time of application, you can apply at a consulate or embassy. In this case, please make sure that your documents are completed.

After you fill out your Form G-28 Power of Attorney form, your lawyer will prepare all the documents you need and fill out your forms.

If you will be making your application outside the United States, after all the required documents are provided, your Lawyer will fill out the Non-Immigrant Visa Application form and the Non-Immigrant Treaty Trader/Investor Application form and will submit it to the consulate along with the relevant documents, and will prepare you for the interview to be determined for you at a convenient time.

Once your interview is successful, your E-1 Visa will be recorded in your passport. When you enter the United States with this visa, you will gain E-1 status and will have the right to do or work in the defined job.

If you have a spouse and/or children who you would like to benefit from E-1 visa status with you, you can also apply for them.

Although the documents required for your application may vary depending on your personal situation and whether you are applying in the USA or abroad, the documents that may be requested in general are as follows;

• Form G-28
• Form DS-160
• Form DS-156E
• Form I-129
• Form I-539 (for family members in the USA)
• A copy of your I-94
• Receipts showing that fees have been paid
• A copy of your passport
• Valid visa photo
• Evidence that you meet the requirements for E1 status
• Evidence of your commercial enterprise
• Evidence of your intent to leave the United States when E1 status ends.

6. Change of Status

If you have a nonimmigrant status in the United States, you can switch to E-1 status by submitting a change of status request form to USCIS. By getting support from an expert lawyer on the subject, you can obtain all the information and documents required for your application. Status change procedures are carried out in the USA.

Your lawyer will also assist you in your request to expedite the process in line with your needs. You can receive a response within 15 business days for your applications within this scope.

7.E-1 Visa Fees

You can find the current visa and form fees for the E-1 visa on the USCIS website.

8. E-1 Visa Processing and Validity Period

The E1 visa processing time depends on the caseload of the US Embassy or USCIS. However, the estimated processing time is between two and six months from the time you file your application.

The validity period of the E-1 visa is 2 years. However, at the end of 2 years, regardless of the number of extensions, you can extend your status by applying to USCIS.

Merit Law LLP, with its experienced team, will be pleased to assist you with all types of immigration and non-immigration visa and status change applications, including E-1 visa, upon your request.