E1 Treaty Trader Visa

GENERAL INFORMATION FOR (E1) TREATY TRADERS

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) 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.

If the treaty trader is currently in the United States in a lawful nonimmigrant status, he or she may request a change of status to E-1 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file on the employee’s behalf.

A treaty trader or employee may only work in the activity for which he or she was approved at the time the classification was granted. An E-1 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:
(1) Relationship between the organizations is established
(2) Subsidiary employment requires executive, supervisory, or essential skills
(3) Terms and conditions of employment have not otherwise changed.

Treaty traders and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty trader or employee. These family members may seek E-1 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.

GENERAL QUALIFICATIONS OF AN E-1 TREATY TRADER

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

(1) Be a national of a country with which the United States maintains a treaty of commerce and navigation;
(2) Carry on substantial trade; and
(3) 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, and some news-gathering activities.

Substantial trade generally refers to the continuous flow of sizable international trade items, involving numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction. While monetary value of transactions is an important factor in considering substantiality, greater weight is given to more numerous exchanges of greater value.

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

GENERAL QUALIFICATION OF THE EMPLOYEE OF A TREATY TRADER

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

(1) Be the same nationality of the principal alien employer (who must have the nationality of the treaty country);
(2) Meet the definition of “employee” under the relevant law; and
(3) Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

If the principal alien 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 be maintaining nonimmigrant treaty trader status. 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.

HOW LONG CAN E-1 VISA HOLDERS REMAIN IN THE UNITED STATES?

Qualified treaty traders and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-1 nonimmigrant may be granted. All E-1 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

An E-1 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situation.

COUNTRIES WITH TREATIES FOR E-1 STATUS

Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brunei, Canada, Chile, China, Colombia, Costa Rica, Croatia, Denmark, Estonia, Ethiopia, Finland, France, Germany, Greece, Honduras, Iran, Ireland, Israel, Italy, Japan, Jordan, South Korea, Kosovo, Latvia, Liberia, Luxembourg, Macedonia the Former Yugoslav Republic (FRY), Mexico, Montenegro, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines, Poland, Serbia, Singapore, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, and Yugoslavia.

SUGGESTED LIST OF DOCUMENTS FOR AN E-1 VISA

(1) Complete copy of the principal E-1 visa holder’s passports and I-94’s ;
(2)Professional Business Plan;;
(3) Business Lease (commercial building);
(4) Articles of Incorporation;
(5) Stock Certificates;
(6) Utility bills, phone bills. Electric bills, office supplies to prove that the business exists;
(7) Occupational License;
(8) If the company already has employees, a copy of the employer quarterly taxes, payroll list and I- 9s;
(9) Invoices from Customers;
(10) Pictures of merchandise, company brochures;
(11) Evidence of initial investment, such a wire transfers, etc.;
(12) Evidence that alien has sufficient funds to support himself in the US and will not be depending on investment to survive;
(13) Description of duties of principal investor(s) (must be responsible for the development and direction of investment);
(14) Most recent financial statements for the corporation.