E-1 Visas for Treaty Traders

E-1 Visas for Treaty Traders

The E-1 Treaty Trader visa is a non-immigrant visa that allows “treaty traders” to qualify for a specific visa. This visa permits nationals from certain countries to engage in international trade while living in the United States with their spouses and dependent family members. The purpose of this visa is to encourage trade and investment while promoting peace and good relations with other countries.

Eligibility Criteria

To qualify for an E-1 visa, the applicant must be a national of a country that maintains a treaty of commerce and navigation with the United States. The trading company for which the applicant is coming to the United States must have the nationality of the treaty country. The international trade must be “substantial” in the sense that there is a sizable and continuing volume of trade, and the applicant must conduct principal trade between the United States and the treaty country.

Employee Requirements

In addition to the employer or business meeting certain requirements, the employee must also meet certain qualifications. The employee must be the same nationality as the employer (who also has the same nationality as the treaty country). The employee must be considered an “employee” under relevant law (instead of an independent contractor or consultant, for example), and must either be someone who is considered an executive, has supervisory characteristics, or has special qualifications.

Definitions

Understanding the qualifications for an E-1 visa requires recognizing some legal terms used in the definition. Some of the most important definitions include:

• Trade: The international exchange of goods, services, funding-related services, and more.
• Substantial Trade: The continuous flow of international trade, which includes numerous transactions over time.
• Principal Trade: Over 50% of the total volume of international trade from a treaty country is with the United States.
• Executive or Supervisory Character: The employee involved has supervisory control and responsibility of a company’s operation or some major portion of it.
• Special Qualifications: An employee has specific skills or knowledge that makes his or her services essential to the operation of a company.

 

Applying for an E Visa

The application process for an E-visa will vary depending on where you are located, whether it is in the United States or in a treaty country.

If you are in the United States already, as long as you are in the United States in a valid non-immigrant status, you can change your status to an E-2 non-immigrant status using a Petition for Nonimmigrant Worker (Form I-129), which is filed with USCIS. If the I-129 petition is approved, USCIS will issue an I-797 Approval Notice. However, if you change your status to an E-2 non-immigrant status while in the U.S., you can only stay and work in the U.S. and won’t be able to travel internationally. In order to travel abroad, you will need to apply for a new E-2 visa in your passport through consular processing before you can enter the U.S. to work in E-2 visa status.

If you are outside the United States, you must go through the consulate application process by using Form DS-160 and Form DS-156E, which are filed with the U.S. Department of State, and schedule the visa appointment with a U.S. Embassy or Consulate abroad. If the visa appointment is successful, you will receive the E-2 visa in your passport and be able to enter the United States using the E-2 visa in your passport.

Validity Period

The initial validity period for an E-1 visa is two years, with extensions available in increments of up to two years each. The visa can be extended indefinitely so long as the applicant continues to meet all the requirements.