Are you a national of a treaty country who wants to enter the United States by becoming an E1 visa holder? Our E1 visa lawyers at Naya Immigration can help you navigate the process and procedures to obtain the visa if you conduct trade with the U.S.
As the global economy thrives, worldwide economic activities become increasingly interconnected and interdependent. As a result, many companies and corporations around the world rely heavily on their trade relationships with foreign nations. However, the borders and complex immigration laws in the U.S. may become an obstacle for foreign nationals looking to travel to America to conduct business.
That is why the United States government issues non-immigrant visas, including the E1 visa, which allows eligible business owners, executives, supervisors, and essential employees to live and work in the U.S. for an extended period of time.
However, getting the E1 visa may not be easy. At Naya Immigration, we understand the challenges foreign nationals face when trying to enter the U.S. on an E1 visa. Our E1 visa lawyers provide unparalleled legal support and personalized guidance to those looking to engage in international trade in the U.S.
Interested in getting the E1 visa? Contact Naya Immigration today to get the assistance you need and understand the procedures involved to qualify for an E1 Treaty Trader status.
What Is an E1 Visa?
The E1 visa, also known as the Treaty Trader visa, is a non-immigrant visa issued to businesspeople from qualifying countries that permits them to enter the U.S. and engage in trade activities.
To qualify for this visa, the foreign national must be a citizen of a “treaty” country. As of the time of publication, the list of E1 treaty countries included 54 countries. The full, current list can be seen on the official website of the U.S. Department of State.
E1 Visa Benefits and Limitations
An E1 visa is an essential tool in promoting trade and investment between the United States and other countries, which can benefit the U.S. economy. As for the benefits for E1 visa holders, there are quite a few:
- The E1 visa status grants the holder a stay of up to two years and may be extended in two-year increments an unlimited number of times. During the validity period of the visa, the holder can travel freely in and out of the U.S.
- If the E1 visa holder travels outside of the U.S., they will get an automatic two-year extension of the status upon re-entry.
- The E1 visa grants the holder an authorization to live and work lawfully in the U.S.
- The E1 visa holder can bring their spouse and unmarried children under the age of 21 to accompany them to travel and live in the U.S. during the visa’s validity period.
Despite the numerous benefits available to E1 visa holders, there are some limitations to consider. One of them is that the visa holder is only allowed to work in the activity they were approved for upon the issuance of the visa.
Another limitation is that you cannot get an E1 visa if your home country is not on the list of the “treaty countries.” Even if you are a national of a treaty country, it may still be difficult to meet the eligibility criteria if your business does not meet the “substantial trade” requirement at the time of filing the E1 visa application.
Requirements to Get an E1 Visa
The E1 visa is available to foreign nationals who are citizens of the treaty country. To qualify for an E1 visa, the applicant should be the owner of the company, an executive or supervisor, or an essential employee.
The eligibility requirements for each category of applicants include:
- The business owner should be a treaty trader with the majority (more than 50%) of ownership in the trading company. To qualify, the business can be a sole proprietorship, Limited Liability Company (LLC), or another corporate structure. The company must stay compliant with all applicable federal and state laws to conduct business in the United States.
- The company’s executive or supervisor should be the employee of the trading company whose nationality matches that of the company’s and who has control and responsibility for all or a major part of the company’s operation.
- The essential employee’s nationality should match that of the trading company’s. They must possess special qualifications that make him or her services essential to the company’s operation. The “essential” status can be demonstrated by proving that the employee possesses specialized skills, has expertise in the specialized field, and that their skills are unique.
Note: The qualifying citizen can have other nationalities as long as they also have the nationality of the treaty country.
There are also specific requirements for the trading company:
- The company must have no less than 50% ownership by citizens of the treaty country. If less than 50% is owned by citizens of the treaty country, the applicant will not qualify for an E1 visa.
- The trade in goods and/or services should meet the definition of “substantial” (according to the USCIS, substantial trade means the company is able to ensure a continuous flow of business between the treaty country and the U.S. and involve numerous transactions over time).
- More than 50% of the company’s total volume of international trade must be between the treaty country and the U.S.
The company’s international trade must be ongoing at the time the E1 visa application is prepared and submitted. Otherwise, the company may not meet the qualification requirements for the E1 visa.
Let Us Help
Let us guide you through your immigration journey with expert care and dedication—contact us today to see how we can help you achieve your goals.
E1 Visa Application Process
There are two ways of applying for the E1 Treaty Trader visa:
- In the United States: File Form I-129 (Petition for a Nonimmigrant Worker) and submit it to the U.S. Citizenship and Immigration Services (USCIS); and
- Outside of the United States: Apply through a U.S. embassy or consulate in your home country by completing Form DS-160 (Online Nonimmigrant Visa Application).
The E1 visa application process abroad is more complicated because business owners (treaty traders) must first register their company with the E-Visa Unit. Employees of companies already registered with the E-Visa Unit can simply schedule a visa interview appointment through the U.S. Visa Appointment Service to obtain the E1 visa holder status.
Whether you are applying in or outside of the U.S., contact an E1 visa lawyer to help you navigate the application process.
Documents Required for an E1 visa
The documents needed for your E1 visa application depend on your specific situation and vary greatly from one applicant to another.
Some of the documents that may be requested when submitting your application for the E1 visa include:
- Valid passport
- Form DS-160 confirmation page
- Documents that prove the business’s nationality to establish that it belongs to one of the treaty countries
- Letters or documents that describe the nature and function of the business
- Letters or documents that prove the business has substantial trade with the United States
- Letters from the employer describing the employee’s position to prove that they are an essential employee to international trade (for employees)
- Form DS-156E
- Visa appointment letter
- Proof of intent to depart the U.S. when the E1 status expires
- Receipts that prove the payment of the necessary fees
If you intend to bring your spouse and minor children with you, you will also need to submit a valid marriage certificate to prove that you have a valid marriage and a birth certificate for each dependent child.
E1 Visa Processing Time
On average, the processing time for an E1 visa varies from two to six months and depends on a multitude of factors, including the application method (in or outside of the U.S.), the country where the application is filed, and the individual consulate.
The processing time also depends on whether you select regular or premium processing. Premium processing, a service where you can get your petition processed much more quickly, is available for a higher fee.
E1 Visa Lawyer FAQs
If you are thinking of getting an E1 visa, you may have a wide range of questions to make informed decisions during the application process. Check out the FAQ section below or contact an E1 visa lawyer at Naya Immigration to get more information about E1 visas.
What is an E1 Treaty Trader visa?
An E1 visa, also known as the Treaty Trader visa, is granted to foreign nationals who (a) are citizens of a treaty country and (b) conduct “substantial trade” with the United States. The visa allows the holder to travel and live in the U.S. for an extended period of time.
Who qualifies for an E1 visa?
The applicant must be the owner, executive, supervisor, or essential employee of the trading company that conducts substantial trade with the U.S. For detailed information about the eligibility requirements for E1 visa applicants, read our “Requirements to Get an E1 Visa” section above.
What is the minimum value or volume to constitute ‘substantial trade’ for the E1 visa?
There are no minimum requirements regarding the volume or monetary value of transactions to constitute “substantial trade.” Generally, companies that trade with the U.S. for a total trade value of at least $100,000 over a 12-month period may qualify as a treaty trader for the E1 visa.
However, depending on the specific case, the company may qualify even if it has not reached $100,000 in total trade value with the U.S., which is why you might want to speak with an E1 visa lawyer to discuss your situation.
Can the applicant’s spouse and children come with them on an E1 visa?
Yes, the E1 visa applicant can bring their spouse and children (under the age of 21) to the U.S. with them once their visa is granted. The E1 visa holder’s family can lawfully stay in the country during the validity period of the visa. While their children are not permitted to seek employment in the U.S. on an E1 visa, the spouse can apply for work authorization in the U.S.
Can the E1 visa holder work for other companies in the U.S.?
No, the E1 visa holder cannot work for other companies in the United States. However, they are permitted to attend school part-time.
How long is the E1 visa valid?
The validity period of the E1 visa varies depending on the applicant’s specific country. Generally, E1 visas are valid for up to five years, but the visa holder is granted two-year authorization to stay in the country. If the E1 visa holder travels outside of the U.S., they will get an automatic two-year extension of the status upon re-entry.
Does the E1 visa lead to a green card?
No, the E1 visa does not lead to a green card because every E1 applicant provides proof of intent to depart the U.S. This means that when the business comes to an end, the company is sold, or the employee no longer works for the company, they must leave the United States.
However, if an E1 visa holder is in the U.S., they may be able to go from an E1 visa to a green card through a family-sponsored green card, EB-5 Investor Visa, EB-1, EB-2 NIW, or an employer-sponsored EB-2/EB-3 green card. Consult with a lawyer to explore your options.
Do you need an E1 visa lawyer?
The laws and regulations surrounding E1 visas are complicated and full of nuances. A foreign national looking to enter the U.S. through the E1 visa status may benefit from a lawyer’s help in navigating the U.S. immigration system.
A lawyer can advise them on their options, provide them with legal guidance at every step of the application process, and help them gather all the required documents to prove that they meet the eligibility requirements.
Get Help from an E1 Visa Lawyer at Naya Immigration
Over the years, our legal team at Naya Immigration has helped foreign nationals from treaty countries around the world successfully obtain E1 visas. An E1 visa lawyer at our firm can guide you in preparing your application, gathering documents, and ensuring compliance with all applicable regulations.
We assist clients who need help in obtaining a visa at a U.S. embassy or consulate in their home country and those who want to renew their E1 visa in the U.S. Our team is dedicated to helping clients achieve the best outcome possible by providing professional, detail-oriented, and individualized service. Contact our office today for a case review.
Contact Us
Don’t let Immigration be complex and overwhelming, our experienced legal team is here to guide you every step of the way.
Contact us today to schedule your confidential consultation. Let us help you build your future.
