Everything You Need to Know About the E-1 Visa
E-1 Treaty Trader nonimmigrant visa is a special visa for business people from certain "treaty countries". The E-1 visa allows someone to work in the U.S. and conduct significant commerce between individuals and businesses in the United States and the country of which he or she is a citizen.
Requirements to get the E-1 Visa:
1. Requisite treaty exists
2. Individual and/or business possess the nationality of the treaty country
3. Activities constitute trade within the meaning of INA 101(a)(15)(E)
4. Applicant must be coming to the United States solely to engage in substantial trade
5. Trade is principally between the United States and the treaty country of the applicant's nationality
6. Applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm’s operations in the United States
7. Applicant intends to depart the United States when the E-1 status terminates
1. Requisite treaty exists
For the list with the countries participating under the E-1 Treaty select Treaty Countries
2. Individual and/or business possesses the nationality of the treaty country
Treaty Trader (E-1) nonimmigrant visas may be issued to eligible nationals of countries with which the United States maintains Treaties of Commerce and Navigation
At least 50% of the business must be owned by nationals of the treaty country.
3. Activities constitute trade within the meaning of INA 101(a)(15)(E)
The E-1 enterprise business must be considered a "Trade".
- Trade must be an exchange - there must be an actual exchange of goods, money or services to create transactions. The trade activities must flow from one party to the contract to another.
- The trade must be international – the trade must already be in progress. An alien cannot qualify for E-1 classification for the purpose of seeking commercial relations.
- Trade must involve qualified activities - itself must be the marketable good that the enterprise sells to customers.
4. Applicant must be coming to the United States solely to engage in substantial trade
In order to qualify for the E-1 visa, the trade being conducted must be considered substantial.
Substantial trade is defined as trade “sufficient to ensure a continuous flow” between the US and the treaty country. This means consular officers granting E-1 visas will be focused on the number of transactions more than the monetary value.
5. Trade is principally between the United States and the treaty country of the applicant’s nationality
The general rule requires that 50 percent and more of the total volume of international trade carried on by the treaty trader be between the United States and the treaty country of which the applicant is a citizen.
A trader might be an individual, a partnership, a joint venture, a corporation
6. Applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm’s operations in the United States
There are only 3 classes of foreign employees that can get an E-1 visa, employed by the same E-1 business enterprise:
- Executive Employees
- Supervisory Employees
- Employees with Special Skills that are Essential to the E2 Enterprise
Ordinary skilled and unskilled workers do not qualify.
Convincing evidence must be provided to show that a foreign national is at crucial inportance for the company to operate effectively. This may include documents showing the essentiality and qualifications of a head, manager or executive, or otherwise special qualifications essential to the enterprise.
7 Applicant intends to depart the United States when the E-1 status ends
You must demonstrate that you will leave the United States upon the termination of your E-1 visa status. This can come in the form of a declaration.
Usual way the "intent to depart" requirement to be satisfied is by submitting a signed statement that show the intention to depart the United States once the E-1 status ends.
Applying for E-1 Visa
If you are outside the U.S., you will have to apply for an E-1 visa at a Consulate or an Embassy abroad. You should work to collect and prepare all of the necessary documentation to submit with your application. Please be aware that different consulates have different requirements on the types of documents required and how the documentation package is to be organized and presented.
Additionally, please be aware that most consulates do not accept third country nationals and you may likely need to go through your national country’s U.S. Consular Section.
Once all of the necessary documentation is assembled, the Form DS-160 online Nonimmigrant Visa Application Form must be completed.
A Form DS-156E (Nonimmigrant Treaty Trader/Investor Application) must be completed too. This form provides additional information about the company and the applicant.
We may help you with completing and submitting your application and supporting documentation directly to the appropriate consulate and to assist you with the visa interview scheduling.
Applying for Change of Status
If you are inside the United States in a valid non-immigrant status, you may be eligible to request a change of status to E-1 status. This is done by filing a Change of status petition with USCIS - in such cases this is I-129 Form.
E-supplement of this form must be completed too.
If you are run out of time you may wish to file a Form I-907 (Request of Premium Processing Services) to request faster processing of your application.
If you have dependents, such as a spouse and children, who will be included in your Change of Status application, an additional Form I-539 Extend/Change Nonimmigrant Status must be completed on their behalf.
The completed application must be submitted to USCIS, along with a copy of biographic page of your passport.
Upon approval of your Change of Status, you will receive E-1 status with a date through which it is valid.
E-1 Visa and Status Processing Time
Consular processing takes about 2-3 months, but may take longer. It depends on the internal regulations and the current workload of the U.S. Embassy or Consulate where you are applying.
A change of status through USCIS takes approximately 6 to 8 months. You can choose to speed up the process by paying an extra fee for premium processing. This will reduce the total processing time to 5 business days. A request for additional evidence (RFE) can slow down this process.
E-1 Visa/Change of Status Fees
The fees are subject to constant changes. You may email or contact us for exact information.
E-1 Family Members
Treaty Traders and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age.
If the family members are already in the United States and are seeking Changes of Status to or extensions of stay in an E-2 dependent classification, they may apply by filing a single Form I-539, Application to Change/Extend Nonimmigrant Status, with fee.
E spouses are considered employment authorized incident to status and they are not required to request employment authorization by filing Form I-765, Application for Employment Authorization, but may still file this form, with fee, in order to obtain an Employment Authorization Document (Form I-766 or EAD).
Unlike the principal E-1 Treaty Trader, who is only allowed to work for his E-1 visa company, the E-1 visa spouse is not limited in the type of company they are allowed to work for.
E-1 dependent children may attend school in the US but they may not work.
We would be happy to discuss your E-1 options with you and help you with the acomplishment of the documentation.
E-1 Treaty Trader visa application requires detailed documentation and strict adherence with U.S. immigration policy. The paperwork cause major delays and confusion to most people.
We can assist with the required and additional documentation that must be prepared as part of the US Trader visa application process, as well as with registration and scheduling a visa interview at the US Embassy or Consulate where you will be applying.