E-1 Treaty Trader Visa
The E-1 Treaty Trader visa is available to foreign nationals participating in trade of a substantial nature between the U.S. and the foreign national's home country. A foreign national may come to the U.S. in the capacity of an owner, executive, supervisor, or employee whose skills are essential to the company. The E-1 visa is offered only to citizens of countries that have a trade treaty with the U.S. when at least fifty percent of the company is owned by treaty country nationals. The Department of State website can be accessed for an updated list of countries with E treaties with the U.S. at: http://travel.state.gov/.
The foreign national must apply for and receive the E-1 Treaty Trader visa from a U.S. consulate or embassy in their home country. A U.S. company may request a change of status to E-1 for a non-immigrant who is already in the U.S. The trader may only work in the activity for which they were approved at the time the classification was granted. USCIS must approve any substantive change in the terms or conditions fo E-1 status and these changes must continue to fall within the requirements of E-1 classification.
An E-1 visa holder's spouse and unmarried children, who are under twenty-one (21) years of age, are eligible to be classified for E-1 dependent visa status in the U.S. The spouse may apply for work authorization after he or she is admitted into the U.S.
The E-1 visa is valid as long as the holder continues to meet the E-1 visa qualifications. Initially, the E-1 visa is issued for a period of not more than two years and can be extended for two years at a time.
Evidentiary Requirements for the E-1 Treaty Trader Visa:
- Evidence that the majority of the company’s trade is between the U.S. and the foreign national’s home country
- Evidence that the foreign national is a citizen from one of the qualifying treaty countries (please see the Department of State website for a current list of countries with E treaties with the U.S.)
- Evidence that the qualifying business owner or owners are citizens from the same qualifying treaty country
- Evidence that the foreign national is an executive, supervisor, or employee whose skills are essential to the company
- Evidence that the trade is substantial and the majority of the trade is between the U.S. and the foreign national’s home country
- Evidence that the foreign national’s ties and relationship with family members staying back home or any other evidence that shows intent to return to their home country
At The Ahluwalia Firm, our emphasis is on:
- providing zealous representation before the USCIS
- providing careful review of your personal circumstances
- providing careful coordination of all correspondence with government agencies
- ensuring a service-delivery model that meets and exceeds your satisfaction
For additional information about our ability to help, prepare, and file all the necessary documents required to apply for the E-1 Treaty Trader visa, contact us for reliable advice.