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Law Offices of Robert J. Jacobs, P.A.
Bristol Park
4727 NW 53rd Ave., Suite A
Gainesville, FL 32606
Tel (352) 335-2699
Fax (352) 335-2640
Email: info@myimmigrationlaw.com
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Practice Limited Exclusively to Immigration and
Nationality Law
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U.S.
IMMIGRATION LAW |
NON IMMIGRANT TEMPORARY VISA
EMPLOYMENT AUTHORIZED:
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Criteria
for the E-1 visa.
To
be eligible for an E-1 visa, the foreign
national must meet the following
requirements:
| 1. |
There
must be a treaty of Friendship,
Commerce, and Navigation (FCN) or
equivalent between the United States
and the country of which the applicant
is a national. |
| 2. |
The
individual and/or business must
possess the nationality of the treaty
country. The nationality of a business
is determined by the nationality of
the individual owners of the business.
Individual owners must own at least
50% of the business in question. |
| 3. |
The
activities of the business must
constitute trade:
there must be an actual
exchange of goods or services between
the United States and treaty country
which are traceable and identifiable.
The trade must already be in
existence to obtain E-1
classification. Existing trade
includes contracts binding upon the
parties which call for an immediate
exchange of qualifying items of trade. |
| 4. |
The
trade must be substantial:
there must be a continuous flow
of transactions over time. Trade
volume and the monetary value of each
transaction is considered in
determining “substantiality”.
Income derived from trade which
is sufficient to support the treaty
trader and family is considered as a
favorable factor in determining the
“substantiality”. |
| 5. |
The
trade is principally between the
United States and the treaty country.
Over 50 percent of the total
volume of the trade must be conducted
between the United States and the
treaty trader’s country of
nationality. |
| 6. |
If
the applicant is not the principal
trader, he/she must hold an
executive/supervisory position or
possess skills essential to the
company’s operations in the United
States. |
| 7. |
The
applicant must intend to depart the
United States when the E-1 status
expires.
However, he does not have to
show a residence in his home country
that he does not intend to abandon. |
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For
how long is the E-1 visa valid?
An
E-1 Treaty Trader may be admitted for an
initial period of not more than 2 years. An
extension of stay may be granted in
increments of 2 years. |
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Who
may accompany an E-1 visa holder?
The
spouse and children of an E-1 visa holder
accompanying or following to join the
principal alien are entitled to derivative
status in the same classification as the
principal alien. |
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How
may I obtain an E-1 visa?
Unlike other
nonimmigrant visa petitions, E-1 Visa
applications are processed at U.S. Consular
offices abroad.
An individual already in the United
States in valid nonimmigrant status may
apply within the U.S. to the INS to change
his or her nonimmigrant status to E-1.
However, if the INS approves this
petition and the individual later departs
from the U.S., in order to reenter the U.S.
in E-1 status, he or she must reapply for an
E-1 visa at a U.S. Consulate abroad.
The INS approval will have no bearing
on the adjudication by the Consular office.
To request a
consultation regarding an E-1 visa, please
contact our office here. |
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