E-1 Visa

Introduction

The E-1 Treaty Trader Visa, open only to citizens of treaty countries, permits eligible foreign nationals who principally conduct trade between the US and their home country to enter the U.S. to direct their business. The E-1 visa may also be issued to essential employees and managers from the Treaty Trader’s home country.

The Attorneys at VisaPro will prepare and assist you with filing the required documents for the E-1 Treaty Trader Visa.

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Eligibility Criteria

An alien may be classified as a nonimmigrant treaty trader (E-1) if the alien:

• Will be in the United States solely to carry on trade of a substantial nature, which is international in scope, either on the alien’s behalf or as an employee of a foreign person or organization engaged in trade principally between the United States and the treaty country of which the alien is a national, taking into consideration any conditions in the country of which the alien is a national which may affect the alien’s ability to carry on such substantial trade; and
• Intends to depart the United States upon the expiration or termination of treaty trader (E-1) status.

Trade: Trade is the existing international exchange of items of trade for consideration between the United States and the treaty country. Existing trade includes successfully negotiated contracts binding upon the parties which call for the immediate exchange of items of trade. Domestic trade or the development of domestic markets without international exchange does not constitute trade. This exchange must be traceable and identifiable. Title to the trade item must pass from one treaty party to the other.

Items of trade include but are not limited to goods, services, international banking, insurance, monies, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and some news-gathering activities. For purposes of this paragraph, goods are tangible commodities or merchandise having extrinsic value. Further, as used in this paragraph, services are legitimate economic activities which provide other than tangible goods.

Substantial trade: Substantial trade is an amount of trade sufficient to ensure a continuous flow of international trade items between the United States and the treaty country. This continuous flow contemplates numerous transactions over time. Treaty trader status may not be established or maintained on the basis of a single transaction, regardless of how protracted or monetarily valuable the transaction. Although the monetary value of the trade item being exchanged is a relevant consideration, greater weight will be given to more numerous exchanges of larger value. There is no minimum requirement with respect to the monetary value or volume of each individual transaction. In the case of smaller businesses, an income derived from the value of numerous transactions which is sufficient to support the treaty trader and his or her family constitutes a favorable factor in assessing the existence of substantial trade.

Principal trade: Principal trade between the United States and the treaty country exists when over 50 percent of the volume of international trade of the treaty trader is conducted between the United States and the treaty country of the treaty trader’s nationality.

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Duration of Stay

A treaty trader may be admitted for an initial period of not more than 2 years. Requests for extensions of stay may be granted in increments of not more than 2 years. Since there is no limit on the number of extensions, the treaty trader can stay in the U.S. indefinitely.

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