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Last Updated On: January 17, 2024 | Published On: June 8, 2023
Treaty traders and investors can leverage the E visa category to foster cross-border commerce and secure their path to success in the United States. The E-1 treaty trader visa possesses many benefits for those who qualify under the regulations. With the expertise of our E-1 visa attorneys, this guide will cover the entire process and requirements.
To begin with, E-1 visas are for citizens from specific treaty countries to gain access to the United States solely for international trade on their behalf. The complete list of treaty countries can be seen here. There are dozens on the list.
Please refer to the chart hyperlinked above for the most up-to-date countries.
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Below are some overarching benefits of the E-1 Visa:
We highly recommend you hire a qualified E1 visa lawyer to file your case with USCIS. This ensures all relevant documents and evidence will be submitted with your case.
To qualify for an E-1 classification as a treaty trader, the individual must meet the following criteria:
As per the given definition, trade refers to exchanging various trade items between the United States and the relevant treaty country. These trade items encompass a wide range of goods and services, including but not limited to:
What does the term “substantial trade” actually mean? Well, it does not have a fixed monetary threshold. Instead, it focuses on continuous flows of significant international trade items involving numerous transactions over time. The weight of consideration lies not only on the monetary value but also on the frequency and quantity of transactions.
What does “principal trade” mean? It signifies that the trade volume between the treaty country and the United States must exceed 50% of the total exchange volume conducted by the business.
If you’re wondering if an E-2 visa would be more beneficial? The significant difference is in the focus on actual capital investment and the role of the visa holder with the E-2. So that means the E-2 visa allows nationals of treaty countries to be admitted to the U.S. when investing a substantial amount of capital in the business. Learn about E-2 visa processing times. Premium processing can be selected to expedite your E-2 visa for an additional cost of $2,500.
Check out this E-1 vs. E-2 visa article.
To qualify as an employee for an E-1 visa, you must:
With an E-1 visa, you can engage in specific activities related to substantial trade between the United States and your home country. Here are some of the critical things you can do with an E-1 visa:
From our experience, we have found that preparing a robust business plan and including that in your application package is very beneficial.
One recent example of a client success story in the E visa classification was for an Argentinian Entrepreneur who needed to secure an E-2 visa for a trucking company in the U.S. We were able to prove, with abundant evidence, that our client’s 20+ years of experience in managerial, technical experience, and leadership met the criteria in addition to the large number of personal funds he invested in a U.S. business.
Our E-1 work visa attorneys are highly skilled at creating a solid case for the E-1 visa. It’s critical to choose an E1 visa attorney who knows how to any RFEs or challenges that may arise along the way. With a thorough understanding of the USCIS requirements and their expectations, our attorneys proactively work to address any potential issues, ensuring that your application is solid and compelling from the start. Should an RFE be issued, our attorneys will guide you through the process, assisting you in preparing a thorough and persuasive response. We will carefully analyze the USCIS’s concerns, gather additional evidence, and provide clear and concise explanations to address any doubts or uncertainties. Our goal is to maximize your chances of success and overcome any obstacles that may arise during the application process.
No. E-2 CNMI-Only Investors is a different classification suitable for this.
Yes, they need to include a Labor Condition Application (LCA), academic or other credentials demonstrating qualifications for the position, and a job offer or other documentation establishing that the occupation is a specialty occupation and that you will be paid the higher of the actual or prevailing wage.
Yes, the E1 visas also cover the applicant’s accompanying spouse and unmarried children (under 21 years of age). Moreover, the spouse can work in the United States without restrictions and without having to apply for a work permit. Children can attend school but cannot work while on E1 visa status.
Suppose the family members are currently in the United States and wish to change their status or extend their stay as dependents under the E-1 classification. In that case, they can submit a single Form I-539, Application to Change/Extend Nonimmigrant Status, along with the required fee.
No, there is no concrete limit, but USCIS does emphasize the number of transactions you make.
While there is no direct path to permanent residency, an E-1 visa could lead to a green card if you are eligible through other avenues, such as employment-based or family-based immigration categories.
The actual processing time to get an E-1 visa will depend on whether you are applying from inside or outside the United States and which service center handles it.
Foreign nationals of treaty countries with a valid agreement with the United States can apply for an E1 visa.
Yes, you can travel outside of the U.S. and reenter.
Presently, you can use USCIS’s online status check tool. Enter your receipt number, and it will pull up-to-date information on your application. The receipt number is a unique 13-character identifier that the USCIS provides for each application it receives.
