E-1 Treaty Trader Visas are available to person entering the US solely to carry on substantial trade, including trade in services or trade in technology, principally between the US and the foreign country of which he or she is a national. The US and the trader’s home country must have a ratified bilateral trade treaty. At least 50% of the ownership of the trading firm must be in the hands of nationals of the visa applicant’s home country. Owners, managers, executives, or “essential” positions are eligible for E-1 Treaty Trader Visas if they are nationals of the treaty country. Some of the most important requirements for an E-1 visa include the following:
- The trading company must be “trading.” “Trading” can include the exchange, purchase, or sale of goods or services which is intended to develop international commercial trade between the US and the treaty country.
- The trading must involve an actual exchange of qualifying commodities (including goods, services, or money) and the consideration must be traceable or identifiable. A transfer of tile must pass from one trader to the other.
- Trade between the foreign company and the US must already exist. The visa applicant should be prepared to document existing and past contractual trade relationships.
- The trading company must be engaged in “substantial” trade with the US. The visa applicant must show numerous transactions over time and a significant monetary value of business. There is no statutory minimum amount of trade, but the visa applicant should at least be able to show the volume of trade is enough to support the business as well as the visa applicant and his or her family.
- Over 50 percent of the total volume of trade must be between the US and the treaty country.
Applications for E-1 visas are made directly to the US consulate and not through the INS unless the applicant is in the US in another visa status and seeks to change to an E-1 visa. Each consulate has its own version of an E visa questionnaire form and most require extensive documentation accompanying the application. The length of time the visa will be issued is determined by agreements between the US and the Treaty country. Visas may not be issued for more than five years, but they may be renewed continuously without a limit on stay in E-1 status. Spouses and children of E-1s are entitled to visas as well. E-1 family members are not subject to deportation proceedings because they accept employment, but they will be considered out of status and ineligible to change status in the US. Furthermore, they would be subject to paying a large financial penalty for being out of status when it comes time to adjust to permanent residency. There are no restrictions on family members pursuing studies while in E-1 status.
The following countries have ratified trade treaties with the US and their nationals are eligible to apply for E-1 status:
Argentina
Australia
Austria
Bolivia
Bosnia
Brunei
Canada
China (Taiwan)
Colombia
Costa Rica
Croatia
Denmark
Estonia
Ethiopia
Finland
France
Germany
Greece
Honduras
Iran
Ireland
Israel
Italy
Japan
Korea
Latvia
Liberia
Luxembourg
Macedonia
Mexico
Netherlands
Norway
Oman
Pakistan
Paraguay
Philippines
Slovenia
Spain
Suriname
Sweden
Switzerland
Thailand
Togo
Turkey
United Kingdom
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