Selected Topics in Immigration Law

E-1 Treaty Trader

What is an E-1 Visa?
Nationals of which countries are eligible for E-1 Visas?
Criteria for the E-1 visa.
For how long is the E-1 visa valid?
Who may accompany an E-1 visa holder?
How may I obtain an E-1 visa?
What is an E-1 Visa?

The E-1 Visa is a temporary visa for foreign nationals of countries that have entered into commerce and navigation treaties with the United States.  E-1 individuals enter the United States solely to carry on substantial trade between the United States and the foreign country to which that person is a national.
Nationals of which countries are eligible for E-1 Visas?

The following countries have entered into treaties of commerce and navigation with the United States allowing their nationals to be eligible for E-1 visas:

Argentina Honduras Singapore
Austria Iran Spain
Belgium Ireland Sultanate of Muscat and Oman
Bolivia Israel Switzerland
Borneo

Chile

 Italy Thailand
China Japan Togo
Colombia Korea Turkey
Costa Rica Latvia The United Kingdom of Great Britain and Northern Ireland
Denmark Liberia Vietnam
Estonia Luxembourg Yugoslavia
Ethiopia The Netherlands
Finland Norway
France Pakistan
The Federal Republic of Germany Paraguay
Greece The Philippines

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.
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.
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.
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 USCIS to change his or her nonimmigrant status to E-1.  However, if the USCIS 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 USCIS 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