E - 1 Visa

Overview

The E-1 Visa, also known as the Treaty Trader Visa, is a non-immigrant visa that allows individuals from countries that have a qualifying treaty with the United States to enter the country for the purpose of engaging in international trade. This visa is specifically designed to promote and facilitate trade between the U.S. and treaty countries.

Definition

The E-1 Visa allows individuals who are citizens of treaty countries to enter the United States to engage in substantial trade primarily between their home country and the U.S. This trade can involve goods, services, international banking, insurance, transportation, technology transfer, and more.

Benefits

Flexibility:  Visa holders can stay in the U.S. for an initial period of up to two years, with the possibility of extensions.
Spouse and Children:  Spouses and unmarried children under 21 years of age can accompany the primary E-1 visa holder to the U.S. and can also apply for work authorization.
Investment Opportunities:  Individuals can actively engage in international trade and expand their business interests in the U.S.

Requirements

Nationality: The applicant must be a citizen of a country that has a qualifying treaty of commerce and navigation with the United States.
Substantial Trade: The applicant's business must involve substantial trade between the U.S. and their home country. This trade must be ongoing and significant in terms of value, volume, or a continuous flow of trade.
Trade Items: The trade should involve items of trade that are legal and appropriately accounted for.
Executive or Supervisory Role: The applicant must hold an executive or supervisory role or have essential skills that are essential for the successful operation of the trade.

Application Process

Petition:  The employer or applicant's business entity in the U.S. files a petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS).
Treaty Certification:  The applicant's home country embassy or consulate must issue a Certificate of Eligibility for Treaty Trader Status (Form DS-2019).
Visa Application:  Once the DS-2019 is issued, the applicant can apply for the E-1 Visa at the U.S. embassy or consulate in their home country.
Interview:  An interview is typically required as part of the visa application process.
Documentation:  Applicants should provide evidence of the substantial trade, their role in the trade, and other required documentation.

It's important to note that the specific requirements and application process can vary based on the applicant's home country and individual circumstances. Consulting with an experienced immigration attorney is recommended to navigate the E-1 Visa application process successfully.