The E1 visa is designed for businesses and individuals known as "Treaty Traders" carrying out “substantial trade” between their home country and the US. The definition of "trade" between the visa holder's home country and the U.S. is broad, encompassing goods, services, banking, and various other forms of legal trade between the two countries.
For Treaty Traders (Business Owners)
Embarking on the journey towards securing an E1 Visa as a treaty trader necessitates meeting specific criteria. To qualify, you must:
- Nationality: Be a citizen of one of the 78 countries that maintain a treaty of commerce with the United States. (Note: This requirement does not apply to family members.)
- Substantial Trade: Engage in substantial trade, demonstrating a significant and continuous flow of international commerce. Trade items can include goods, services, banking, insurance, transportation, tourism, technology, and news-gathering.
- Principal Trade: Conduct your principal trade between the United States and the treaty country you represent, establishing the primary focus of your business activities.
- Transaction Volume: Ensure that at least 50% of the overall volume of your trading transactions occurs between the United States and the designated treaty country.
For Employees of Treaty Trader
Qualifying for an E1 Visa as an employee of a treaty trader involves meeting the following essential conditions:
- Nationality Alignment: Align your nationality with that of your E1 employer, reinforcing the interconnected relationship between employer and employee.
- Executive or Supervisory Role: Carry out duties in an executive or supervisory capacity within the business. If your role is of a lesser capacity, you must possess special qualifications that render your services indispensable to the operational success of the business.
- The employee must meet the definition of an "employee" under relevant law.
The initial period of stay on an E-1 visa is up to two years. Extensions can be granted in two-year increments, with no maximum limit on the number of extensions.
Family members, including spouses and children under 21 years old, are eligible for derivative E-1 visas. Their nationality does not have to be the same as the treaty trader. Spouses may also be approved for work. E-1 visa holders and employees are permitted to travel abroad. An automatic two-year extension is granted upon re-admission. However, family members must carefully monitor their period of stay and apply for an extension to remain lawfully in the U.S.
Family members, including spouses and children under 21 years old, are eligible for derivative E-1 visas. Their nationality does not have to be the same as the treaty trader. Spouses may also be approved for work. E-1 visa holders and employees are permitted to travel abroad. An automatic two-year extension is granted upon re-admission. However, family members must carefully monitor their period of stay and apply for an extension to remain lawfully in the U.S.
- E-1 traders or employees may only work in the specific activity for which they were approved at the time of E-1 issuance. However, they may also work for the treaty organization's parent company under certain circumstances.
Our experienced immigration attorneys specialize in guiding individuals and businesses through the nuanced requirements of the E1 Visa process, ensuring a comprehensive understanding and a seamless application journey.