E-1 (Treaty Trader)
Suitable for business owners with substantial existing US trade
Both the E-1 (treaty trader) and E-2 (treaty investor) visas were established in connection with bilateral treaties of commerce, including the FCNs (Treaties of Friendship, Commerce and Navigation) and the BITs (Bilateral Investment Treaties) between the country the treaty trader or foreign investor is a national/citizen and the US – a list of participating countries can be found at the US Department of State.
The E-1 and E-2 visas allow traders, investors and their employees of their investment enterprise to legally enter the US on a non-immigrant basis for the reasons of trading or investing. To successfully obtain one of these visas, you must be a member of a participating treaty country and meet all required criteria.
How Can I Qualify for an E-1 Treaty Trader Visa?
In order to be eligible for E-1 visa status, you must meet all relevant terms. These include:
Be a national of a treaty country
If you’re a company, at least 50% of the membership interests/shares must be owned by nationals of the treaty country in question. And if you’re an employee of a treaty trader company, you must share the same nationality as the company employing you.
To establish the true nationality of your company, the following must be considered:
The nationalities of all stock holders
Where the company is listed if publicly traded, and whether it’s listed on one sole exchange
The percentage of stock owned by treaty country nationals
If company members hold legal permanent residency in the US
Be entering the United States for the purposes of continuing substantial trade between the country of which you’re a citizen/national, and the US
Substantial trade – Defined as the amount of sufficient trade necessary to maintain and continuous flow of international trade between the US and treaty country in question, trade is considered substantial if income gained is enough to support the treaty trader. Numerous transactions must be completed over a specific time period, as a one-time transaction won’t be considered a ‘substantial trade’ – regardless of value.
Trade items – Specific items that can be traded successfully include:
Services
Goods
International banking
Monies
Insurance
Communications
Transportation
Advertizing
Data processing
Management consulting
Accounting
Design & engineering
Tourism
Technology
News gathering activities
Principal trade – When over 50% of the international trade volume of the treaty trader is completed between the trader’s national treaty country and the US, it’s considered principal trade.
How Long Is an E-1 Visa Valid?
This is highly dependent on your origin country. But, for example, if you’re a British citizen with a strong application, your E-1 visa will typically be valid for 5 years – but this may be as little as 2 as every individual case is different.
Am I Able to Bring My Family With an E-1 Visa?
Yes – your children under the age of 21 and spouse will be able to attain E-2 visas in order to accompany you. Whether their application is successful solely depends on the basis of their relationship with you as the primary visa holder.
Can My Spouse and Children Work and/or Study?
As long as their application is successful, your spouse is permitted to work and/or study, and your children under 21 can study without needing an F-1 Student visa.
Before your spouse can work, official Employment Authorization will be needed. However, children can attend school with no further action.
What Are the Primary Limitations of an E-1 Treaty Trader Visa?
Not suitable for new businesses
Proven substantial trade must be present at the time of filing
Where Does Filing Take Place?
When filing for an E-1 visa, there are two available methods – consular processing (outside the US) and change of status (in the US). If you’re not already legally present in the US, change of status won’t be an option for you.
If you are already present, give us a call to discuss further.
Can I Get a Green Card Through an E-1 Visa?
There are no explicit direct methods of obtaining a green card through an E-1 visa. However, you could qualify for permanent US residency through Eb-1C, Eb-5 or other potential options dependent on your individual circumstances.
Which Employees Will Be Eligible to Obtain E-1 Visas?
In order for an employee to successfully gain an E-1 visa, they must:
Be proven to have the same nationality as their treaty employer
Be an ‘essential’ employee with special qualifications, in a non-supervisory role
Be in an employed position defined as supervisory or executive
What Is an Essential Employee?
An ‘essential’ employee is determined via a variety of relevant circumstances. Factors that need to be considered include whether they employee has a degree, their proven expertize, uniqueness of skills specific to the organization in which their employed, given salary and availability.
What Is a Supervisor/Executive?
To define a particular employee as a supervisor or executive, they must demonstrate substantial responsibility and control within their role.